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BVS CONSTRUCTION, INC. v. PROSPERITY BANK

No. 21-50274.

18 F.4th 169 (2021)

In the Matter of BVS CONSTRUCTION, INCORPORATED, Debtor, BVS Construction, Incorporated, Debtor, Appellant, v. PROSPERITY BANK, Creditor, Appellee.

United States Court of Appeals, Fifth Circuit.

FILED November 15, 2021.

Attorney(s) appearing for the Case

Susan J. Clouthier , Charlotte Nall , Austen Colby Smith , Clouthier Law, P.L.L.C., The Woodlands, TX, for Appellant.

Russell Wade Mills, Esq. , Jeffrey Reid Burley , Bell, Nunnally & Martin, L.L.P., Dallas, TX, Robert K. Love , Greenberg Traurig, L.L.P., Austin, TX, for Appellee.

Before CLEMENT, SOUTHWICK, and WILLETT, Circuit Judges.

BVS Construction, Inc. ("BVS") filed a voluntary Chapter 11 petition for bankruptcy on January 2, 2019. In the ensuing proceeding, one of BVS's secured creditors, Prosperity Bank ("Prosperity"), filed a proof of claim for $1,333,695.84. BVS filed a claim objection, arguing that Prosperity's claim was for the wrong...

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