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VILLEGAS v. SCHMIDT

No. 14-40423.

788 F.3d 156 (2015)

John E. VILLEGAS; BFG Investments, L.L.C.; BFG Development, Incorporated, Plaintiffs-Appellants v. Michael B. SCHMIDT, Trustee, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 28, 2015.

Attorney(s) appearing for the Case

Kelly Keoki McKinnis (argued), Edinburg, TX, Chad Edward Fulda , Heller & Fulda, P.L.L.C., Edinburg, TX, for Plaintiffs-Appellants.

R. Glen Ayers, Jr. (argued), Esq. , Natalie Friend Wilson, Esq. , Attorney, Langley & Banack, Incorporated, San Antonio, TX, for Defendant-Appellee.

Before STEWART, Chief Judge, and SOUTHWICK and COSTA, Circuit Judges.

The plaintiffs appeal from the district court's dismissal of their action against a bankruptcy trustee. The court held that it was necessary to obtain leave from the bankruptcy court before bringing such a suit. We AFFIRM.

FACTS AND PROCEDURAL BACKGROUND

In 2005, BFG Investments, acting through...

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