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MATTER OF PHILLIPS

No. 91-4765.

966 F.2d 926 (1992)

In the Matter of Harry S. PHILLIPS and Phillips & Phillips, Ltd., Debtors. Martha J. PHILLIPS, Appellant, Cross-Appellee, v. FIRST CITY, TEXAS — TYLER, N.A., Harry S. Phillips, and Phillips & Phillips, Ltd., Appellees, Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 10, 1992.

Attorney(s) appearing for the Case

Pamela A. Prestridge, Michael S. Wilk, Hirsch & Westheimer, Houston, Tex., for appellant, cross-appellee.

Jarrel D. McDaniel, Vinson & Elkins, Houston, Tex., for First City, Tex.

James P. Kelley, Ireland, Carroll & Kelly, Tyler, Tex., for Harry Phillips and Phillips & Phillips Ltd.

Before SNEED, REAVLEY and BARKSDALE, Circuit Judges.

REAVLEY, Circuit Judge:

The dispositive issue in this appeal is whether Harry S. Phillips (HSP) had legal authority to file a voluntary petition under the Bankruptcy Code's Chapter 11 on behalf of Phillips & Phillips, Ltd. (P & P) after filing a similar petition on his own behalf. The bankruptcy court held that Texas law did not deprive HSP of that authority. On appeal, the district court held that Texas partnership law would deprive HSP of authority, but...

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