United States Fifth Circuit

In a case involving a secured creditor of a bankrupt corporation that was sued by an unsecured creditor of the same corporation in state court and removed the claims against it to federal court, a ruling denying the unsecured creditor's motion to remand the case and dismissing the claims is vacated where, contrary to the rulings below, the claims are not property of the bankruptcy estate and must be remanded to state court.

Appellate Information

• Decided 03/31/2008
• Published 04/01/2008

Judges

• KING, Circuit Judge:, Before KING, DeMOSS and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Paul Brian Lackey, Michael Philip Aigen (argued), Jamie Ryan Welton, Lackey Hershman, Dallas, TX, for Appellants., Paul E. Heath (argued), Thomas S. Leatherbury, Vinson & Elkins, Dallas, TX, for Chesapeake Energy Corp., Randall A. Rios (argued), Munsch, Hardt, Kopf & Harr, Tony M. Davis, Baker Botts, Houston, TX, for Seven Seas Petroleum, Inc.