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IN RE TRANSTEXAS GAS CORP.

Nos. 08-20401, 08-41128.

597 F.3d 298 (2010)

In the matter of: TRANSTEXAS GAS CORP., et al., Debtor. John R. Stanley, Sr., Appellee-Cross-Appellant, v. U.S. Bank National Association, as Liquidating Trustee, Appellant-Cross-Appellee. National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Plaintiff-Appellee, v. U.S. Bank National Association, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 10, 2010.

Attorney(s) appearing for the Case

Roger Lee McCleary (argued), Stephen B. Edmundson, Jeffrey R. Parsons, Beirne, Maynard & Parsons, L.L.P., Houston, TX, for Plaintiff-Appellee.

Herbert Beigel (argued), Herbert Beigel & Associates, Tucson, AZ, Kristi Lynn Hamilton, Michael Alan Orlando, Meyer Orlando, L.L.C., Houston, TX, for U.S. Bank Nat. Ass'n.

Stacy R. Obenhaus, Matthew J. Schroeder, Gardere, Wynne, Sewell, L.L.P., Dallas, TX, Alexander Carl Chae (argued), Gardere Wynne Sewell, Houston, TX, for Stanley.

Before BARKSDALE, SOUTHWICK and HAYNES, Circuit Judges.

LESLIE H. SOUTHWICK, Circuit Judge:

This opinion addresses the issues in two related cases. The appeals were not consolidated prior to argument, and we do not consolidate them now. A single opinion is used to explain our decision in each appeal.

In one of the two appeals, the former Chief Executive Officer of TransTexas Gas Corporation, John Stanley, argues that the district court erred by agreeing with the bankruptcy court that severance payments he received...

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