United States Fifth Circuit

In creditors' appeal from the bankruptcy court's confirmation of the debtor's Chapter 11 liquidation plan, the order is affirmed where: 1) 11 U.S.C. section 1123(a)(4) only required equal treatment of members within the same class; 2) the plan made all the disclosures regarding the Equity Subcommittee required by 11 U.S.C. section 1129(a)(5)(A)(i); and 3) because a class of creditors voted in favor of the plan, the absolute priority rule unambiguously did not apply to those claims.

Appellate Information

• Decided 12/15/2009
• Published 12/15/2009

Judges

• EDITH H. JONES, Chief Judge:, Before JONES, Chief Judge, and SMITH and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• J. Brett Busby (argued), Marcy Ellen Kurtz, William Alfred Wood, III, Bracewell & Giuliani, L.L.P., Houston, TX, for Appellants., David Ronald Jones (argued), Joshua W. Wolfshohl, Porter & Hedges, L.L.P., Houston, TX, for Superior Offshore Intern., Inc., Douglas S. Draper, Heller, Draper, Hayden, Patrick & Horn, New Orleans, LA, Michael David Rubenstein (argued), Liskow & Lewis, Houston, TX, for Official Comm. of Unsecured Creditors of Superior Offshore Intern., Inc.