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IN RE MARINEZ

No. 09-50364.

589 F.3d 772 (2009)

In the Matter of: David Thomas Charles MARINEZ, Debtor. Jeffrey W. Heller, Appellant, v. Texas Real Estate Commission, Appellee.

United States Court of Appeals, Fifth Circuit.

December 8, 2009.

Attorney(s) appearing for the Case

Steven G. Cennamo, Law Offices of Steven G. Cennamo, San Antonio, TX, for Heller.

Edith Stuart Phillips, Asst. Atty. Gen., Austin, TX, for Appellee.

Before JOLLY, WIENER, and BARKSDALE, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Jeffrey W. Heller appeals the judgment of the district court, which affirmed an order of the bankruptcy court that set aside an order directing the Texas Real Estate Commission ("TREC") to pay Heller $100,000 from the Texas Real Estate Recovery Trust Account ("Trust Account"). Because the bankruptcy court did not abuse its discretion in setting aside the order, we AFFIRM the judgment of the district court.

Heller, a real estate...

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