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IN RE SI RESTRUCTURING, INC.

No. 07-50912.

542 F.3d 131 (2008)

In the Matter of: SI RESTRUCTURING, INC.; SRE Restructuring, Inc., Debtors. John C. Wooley; Jeffrey J. Wooley, Appellants, v. Dennis Faulkner, Plan Administrator of SRE Restructuring, Inc., Appellee.

United States Court of Appeals, Fifth Circuit.

August 28, 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, P.C., 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 granting a Plan Administrator's motion ("motion") authorizing disbursal of a reserve fund in the amount of $500,000.00, which had been established to pay the additional secured claims of John and Jeffrey Wooley ("Appellants" or "the Wooleys"). Because the bankruptcy court erred in granting the motion, we vacate the district court order and remand this...

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