IN RE DON VICENTE MACIAS, INC.

Nos. 97-41191, 98-40029 and 98-40030.

168 F.3d 209 (1999)

In The Matter Of: DON VICENTE MACIAS, INCORPORATED, Debtor. Don Vicente Macias, Incorporated, Appellant-Cross-Appellee, v. Texas Gulf Trawling Company, Incorporated; Zimco Marine Incorporated; Marine Railway Incorporated, Appellees-Cross-Appellants. In The Matter Of: Ciclon Negro, Inc., Debtor. Ciclon Negro, Inc., Appellee, v. Texas Gulf Trawling Company, Incorporated, Appellant. In The Matter Of: Don Vicente Macias, Incorporated, Ciclon Negro, Inc., Debtors. Texas Gulf Trawling Company, Incorporated, Appellant, v. Don Vicente Macias, Incorporated, Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 7, 1999.


Attorney(s) appearing for the Case

Kelly Keoki McKinnis, McAllen, TX, for Appellant-Cross-Appellee.

Jose Rolando Olvera, Tom W. Fleming, Fleming & Olvera, Brownsville, TX, for Appellees-Cross-Appellants.

Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.


EDITH H. JONES, Circuit Judge:

As part of the debtors' chapter 11 bankruptcy proceeding, Texas Gulf Trawling ("Texas Gulf") filed a proof of claim in the amount of $370,000. In addition to objecting to the proof of claim, the debtors filed adversary proceedings challenging the secured status of Texas Gulf's proof of claim. In two separate proceedings, the bankruptcy court approved Texas Gulf's proof of claim in the amount of $300,000 and ruled that Texas Gulf held...

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