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MATTER OF UTSA APARTMENTS 8, L.L.C.

No. 17-50893.

886 F.3d 473 (2018)

In the MATTER OF: UTSA APARTMENTS 8, L.L.C. Debtor UTSA Apartments, L.L.C.; Woodlark UTSA Apartments, L.L.C., Appellants v. UTSA Apartments 8, L.L.C.; UTSA Apartments 5, L.L.C.; UTSA Apartments 9, L.L.C.; UTSA Apartments 12, L.L.C.; UTSA Apartments 13, L.L.C.; UTSA Apartments 19, L.L.C.; UTSA Apartments 23, L.L.C.; UTSA Apartments 24, L.L.C.; UTSA Apartments 25, L.L.C.; UTSA Apartments 27, L.L.C.; UTSA Apartments 28, L.L.C.; UTSA Apartments 30, L.L.C.; UTSA Apartments 34, L.L.C.; UTSA Apartments 1, L.L.C.; UTSA Apartments 4, L.L.C.; UTSA Apartments 6, L.L.C.; UTSA Apartments 15, L.L.C.; UTSA Apartments 16, L.L.C.; UTSA Apartmets 18, L.L.C., Appellees UTSA Apartments, L.L.C.; Woodlark UTSA Apartments, L.L.C., Appellants v. UTSA Apartments 8, L.L.C.; UTSA Apartments 5, L.L.C.; UTSA Apartments 9, L.L.C.; UTSA Apartments 12, L.L.C.; UTSA Apartments 13, L.L.C.; UTSA Apartments 19, L.L.C.; UTSA Apartments 23, L.L.C.; UTSA Apartments 24, L.L.C.; UTSA Apartments 25, L.L.C.; UTSA Apartments 27, L.L.C.; UTSA Apartments 28, L.L.C.; UTSA Apartments 30, L.L.C.; UTSA Apartments 34, L.L.C., Appellees. UTSA Apartments, L.L.C.; Woodlark UTSA Apartments, L.L.C., Appellants v. UTSA Apartments 8, L.L.C.; UTSA Apartments 5, L.L.C.; UTSA Apartments 9, L.L.C.; UTSA Apartments 12, L.L.C.; UTSA Apartments 13, L.L.C.; UTSA Apartments 19, L.L.C.; UTSA Apartments 23, L.L.C.; UTSA Apartments 24, L.L.C.; UTSA Apartments 25, L.L.C.; UTSA Apartments 27, L.L.C.; UTSA Apartments 28, L.L.C.; UTSA Apartments 30, L.L.C.; UTSA Apartments 34, L.L.C., Appellees.

United States Court of Appeals, Fifth Circuit.

Filed March 27, 2018.

Attorney(s) appearing for the Case

Stephen W. Sather , Barron & Newburger, P.C., Austin, TX, for Appellants.

Sara S. Murray , David S. Gragg , Langley & Banack, Incorporated, Eric B. Terry , San Antonio, TX, for Appellees.

Before HIGGINBOTHAM, PRADO, and HIGGINSON, Circuit Judges.

This is a consolidated appeal stemming from the bankruptcy of nineteen companies that were tenants-in-common of a student housing development in San Antonio, Texas, called The Reserve. Appellants are Woodlark UTSA Apartments, LLC ("Woodlark"), who was The Reserve's asset and property manager, and a related entity...

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