United States Fifth Circuit
In the Matter of: SI Restructuring, Inc., 07-50912
In a bankruptcy case, a bankruptcy court's order granting a plan administrator's motion authorizing disbursal of a reserve fund is vacated and remanded where the reserve fund was expressly negotiated by debtor and creditors for the purposes of satisfying debtors' allowed secured claims, and the amount of those claims was still subject to litigation.
Appellate Information
- Decided 08/29/2008
- Published 08/29/2008
Judges
- W. EUGENE DAVIS, Circuit Judge:, Before DAVIS and SOUTHWICK, Circuit Judges, and CLARK, District Judge.
Court
- United States Fifth Circuit
Counsel
- For Appellant:
- Gregory Scott Coleman (argued), Yetter, Warden & Coleman, LLP, Austin, TX, J. Scott Rose, Julia Wommack Mann, Jackson Walker, San Antonio, TX, Dori Elana Kornfeld, Yetter, Warden & Coleman, LLP, Houston, TX, for Appellants.
- For Appellees:
- Donald Frederick Campbell, Thomas Butler Alleman (argued), Matthew Thomas Ferris, Winstead, P.C., Dallas, TX, for Appellee.