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IN RE DAVIS OFFSHORE, L.P.

No. 09-41294.

644 F.3d 259 (2011)

In the Matter of: DAVIS OFFSHORE, L.P.; Davis Petroleum Pipeline, L.L.C.; Davis Petroleum Corporation; Davis Offshore Holdings, L.L.C., Debtors. Evercore Capital Partners II, L.L.C.; Gregg Davis; Red Mountain Capital Partners, L.L.C.; Willem Mesdag; Sankaty Advisors, L.L.C., Appellees, v. Nancy Sue Davis Trust, Appellant.

United States Court of Appeals, Fifth Circuit.

June 16, 2011.

Attorney(s) appearing for the Case

Jane Rue Wittstein , Todd Raymond Geremia (argued), Jones Day , New York City, for Appellee Evercore Capital Partners II, L.L.C.

Bruce Jay Ruzinsky , Curt Michael Langley , Jackson Walker, L.L.P., Houston, TX, for Appellee Gregg Davis.

William Richard Greendyke , Fulbright & Jaworski, L.L.P., Dallas, TX, Johnathan Christiaan Bolton , Fulbright & Jaworski, L.L.P., Houston, TX, for Appellees Red Mountain Capital Partners, L.L.C. and William Mesdag.

Steven M. Kayman , Lawrence Shane Elbaum , Proskauer Rose, L.L.P., New York City, for Appellee Sankaty Advisors, L.L.C.

Robert Eric Phelan (argued), Benjamin Lee Mesches , Trey A. Monsour , Haynes & Boone, L.L.P., Dallas, TX, David Michael Gunn (argued), Harry P. Susman , Beck, Redden & Secrest, L.L.P., Houston, TX, for Appellant Nancy Sue Davis Trust.

Before JONES, Chief Judge, and JOLLY and GARZA, Circuit Judges.

EDITH H. JONES, Circuit Judge.

Shortly after the renowned patriarch of a family-owned oil and gas drilling business passed away, the business began to suffer financial reverses, and the family began to squabble. A potential sale of the business was thwarted when one of the adult children filed suit against her mother and siblings. Amid legal trouble and a severe cash shortage, the company finally found refuge in a prepackaged Chapter 11 case in which the debtor entities...

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