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IN RE SI RESTRUCTURING, INC.

No. 07-50872.

532 F.3d 355 (2008)

In the Matter of: SI RESTRUCTURING, INC.; SRI Restructuring, Inc.; SRE Restructuring, Inc.; SF Restructuring, LLC; SFOPS Restructuring, LLC; SBPROD Restructuring, LLC; DFW Restaurant Transfer Corp.; 56th and 6th, Inc.; San Felipe, LLC, Debtors. John C. Wooley; Jeffrey J. Wooley, Appellants, v. Dennis Faulkner, Plan Administrator, Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 2008.

Attorney(s) appearing for the Case

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.

Donald Frederick Campbell, Thomas Butler Alleman (argued), Matthew Thomas Ferris, Winstead PC, Dallas, TX, for Appellee.

Before DAVIS and SOUTHWICK, Circuit Judges, and CLARK, District Judge.

W. EUGENE DAVIS, Circuit Judge:

This is an appeal from a district court order affirming a bankruptcy court's order invoking equitable subordination pursuant to 11 U.S.C. § 510(c), which effectively converted secured claims filed by the Appellants, John and Jeffrey Wooley, to unsecured claims for the purpose of any distributions. Because we conclude that the Trustee did not demonstrate that Appellants' loans to the debtor harmed either the debtor or the general...

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