MATTER OF LINN ENERGY, L.L.C.

No. 18-40575.

927 F.3d 862 (2019)

In the MATTER OF: LINN ENERGY, L.L.C.; Berry Petroleum Company, L.L.C.; LinnCo, L.L.C.; Linn Acquisition Company, L.L.C.; Linn Energy Finance Corporation; Linn Energy Holdings, L.L.C.; Linn Exploration & Production Michigan, L.L.C.; Linn Exploration Midcontinent, L.L.C.; Linn Midstream, L.L.C.; Linn Midwest Energy, L.L.C.; Linn Operating, Incorporated; Mid-Continent I, L.L.C.; Mid-Continent II, L.L.C.; Mid-Continent Holdings I, L.L.C.; Mid-Continent Holdings II, L.L.C., Debtors Oklahoma State Treasurer, Unclaimed Property Division, Appellee v. Linn Operating, Incorporated, Appellant.

United States Court of Appeals, Fifth Circuit.

FILED June 19, 2019.


Attorney(s) appearing for the Case

Jacob Ward Sparks, Esq. , Spencer Fane, L.L.P., Plano, TX, Andrew W. Lester , Spencer Fane, L.L.P., Edmond, OK, for Appellee.

Patricia B. Tomasco , Quinn Emanuel Urquhart & Sullivan, L.L.P., Matthew D. Cavenaugh , Cameron A. Secord , Jackson Walker, L.L.P., Houston, TX, Jennifer Francine Wertz , Jackson Walker, L.L.P., Austin, TX, for Appellant.

Before DAVIS, JONES, and DENNIS, Circuit Judges.


The district court held that the bankruptcy court erred in dismissing a post-confirmation attempt by the Oklahoma State Treasurer ("Treasurer") to obtain the right to unclaimed royalty payments owed by the oil and gas debtor. Because the Treasurer sat on its rights during the entire Chapter 11 process, res judicata...

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