5th Cir.

Thomas Keathley v. Buddy Ayers Construction, Incorporated

July 16, 2026 ·24-60025 ·Per Curiam · By Maria Santos

The United States Court of Appeals for the Fifth Circuit remanded a personal injury lawsuit to the district court following a Supreme Court directive. The appellate court clarified that its prior inquiry into a bankruptcy omission was too narrow.

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Background

The plaintiff, Thomas Keathley, filed a personal injury lawsuit against Buddy Ayers Construction, Incorporated. The district court dismissed the case and denied a motion for reconsideration, relying on a finding that the plaintiff’s omission from bankruptcy schedules was not inadvertent. The Fifth Circuit initially affirmed this dismissal.

The court’s reasoning

The Supreme Court vacated the Fifth Circuit’s prior decision, ruling that the appellate court had artificially narrowed its inquiry. The Supreme Court held that the court should not assess inadvertence solely by looking at whether the plaintiff had knowledge of the underlying facts or a motive to conceal the suit. Consequently, the Fifth Circuit remanded the matter in its entirety to the district court.

What it means going forward

The case returns to the district court for further proceedings without the constraint of the previously applied narrow standard regarding bankruptcy omissions.