SEC v. Barton

── SEC v. Barton ── Court: Court of Appeals for the Fifth Circuit Date: June 03, 2026 Category: United States Civil Case: 25-11043 Document: 52-1 Page: 1 Date Filed: 06/03/2026 United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 25-11043 Summary Calendar FILED ____________ June 3, 2026 Lyle W. Cayce Securities and Exchange Commission, Clerk Plaintiff—Appellee, versus Timothy Barton, Defendant—Appellant. ______________________________ Appeal from the United States District Court for the Northern District of Texas USDC No. 3:22-CV-2118 ______________________________ Before Richman, Southwick, and Willett, Circuit Judges. Per Curiam: * This appeal is one of numerous appeals 1 involving SEC’s complaint against Timothy Barton for alleged violations of the Exchange Act and Securities Act. Here, Barton challenges the district court’s order lifting a stay of litigation which permitted the bankruptcy court to dismiss several _____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. 1 See SEC v. Barton, 170 F.4th 938, 946 n.8 (5th Cir. 2026) (“Barton has filed approximately thirteen appeals in the last three years.”).  Case: 25-11043 Document: 52-1 Page: 2 Date Filed: 06/03/2026 No. 25-11043 cases involving entities he controlled. We dismiss Barton’s appeal for lack of jurisdiction. I SEC filed a complaint against Barton and others, alleging they defrauded over 100 investors in violation of the Exchange Act and Securities Act. We have discussed the facts of this case in several opinions, so we do not repeat them here. 2 We limit our discussion to what is pertinent to this appeal. Prior to SEC filing its complaint in the United States District Court for the Northern District of Texas, ten entities Barton controlled filed Chapter 11 bankruptcy petitions 3 (collectively “Bankruptcy Proceeding”) in the United States Bankruptcy Court for the Eastern District of Texas. After SEC filed its complaint in the district court, in the Bankruptcy Proceeding, the U.S. Trustee moved for the bankruptcy cases to be dismissed. 4 While that motion was pending, the district court entered an “order appointing _____________________ 2 See, e.g., SEC v. Barton, 79 F.4th 573, 575-77 (5th Cir. 2023)(Barton I); SEC v. Barton, 135 F.4th 206, 213-15 (5th Cir. 2025) (Barton II), cert. denied sub nom. Barton v. SEC, __ S. Ct. __ 2026 WL 858414 (Mar. 30, 2026); SEC v. Barton, 170 F.4th 938, 940-41 (5th Cir. 2026) (Barton III). 3 In re Wall007, LLC, Case No. 22-41049, Dkt. 1 (Bankr. E.D. Tex. Aug. 19, 2022); In re Wall009, LLC, Case No. 22-41113, Dkt. 1 (Bankr. E.D. Tex. Aug. 31, 2022); In re Wall010, LLC, Case No. 22-41125, Dkt. 1 (Bankr. E.D. Tex. Aug. 31, 2022); In re Wall011, LLC, Case No. 22-41114, Dkt. 1 (Bankr. E.D. Tex. Aug. 31, 2022); In re Wall012, LLC, Case No. 22-41135, Dkt. 1 (Bankr. E.D. Tex. Sept. 1, 2022); In re Wall016, LLC, Case No. 22-41136, Dkt. 1 (Bankr. E.D. Tex. Sept. 1, 2022); In re Wall017, LLC, Case No. 22-41137, Dkt. 1 (Bankr. E.D. Tex. Se