In the Matter of Marcus Jarrod Payne, Debtor v. Stacy Eley Payne
March 30, 2026·24-10393·Per Curiam·By Maria Santos
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a debtor who sought to vacate a permanent injunction. The court found the appeal to be objectively frivolous and lacking arguable merit.
The appellant, Marcus Jarrod Payne, filed an appeal from a district court order affirming a bankruptcy court’s denial of his motion to vacate a permanent injunction. He moved for leave to proceed in forma pauperis, which challenges the district court’s certification that the appeal was not taken in good faith.
The court’s reasoning
The court held that the appellant’s motion and briefing failed to demonstrate that the district court erred in finding the proposed appeal to be objectively frivolous. Citing precedent, the court determined the appeal was without arguable merit and therefore frivolous.
What it means going forward
The dismissal prevents the debtor from pursuing the appeal on the merits of the permanent injunction, and the motion to proceed without paying fees is rendered moot.
