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MATTER OF FALCON V, L.L.C.

No. 21-30668.

44 F.4th 348 (2022)

In the MATTER OF FALCON V, L.L.C., Debtor, Argonaut Insurance Company, Appellant, v. Falcon V, L.L.C., Appellee.

United States Court of Appeals, Fifth Circuit.

FILED August 11, 2022.

Attorney(s) appearing for the Case

Matthew Joseph Farley , Attorney, Krebs Farley & Dry, P.L.L.C., New Orleans, LA, Ryan D. Dry , Krebs Farley & Dry, P.L.L.C., Plano, TX, for Appellant.

Louis Middleton Phillips , Kelly, Hart & Pitre, L.P., Baton Rouge, LA, for Appellee.

Jay H. Kern , Howard Bruce Shreves, Esq. , Douglass F. Wynne, Jr., Esq. , Simon, Peragine, Smith & Redfearn, L.L.P., New Orleans, LA, for Amicus Curiae Surety & Fidelity Association of America.

Before Higginbotham, Higginson, and Oldham, Circuit Judges.

This appeal arises out of the bankruptcy of Falcon V, LLC and its affiliates. After the bankruptcy court confirmed Falcon V's reorganization plan, Argonaut Insurance Company asked the court to interpret the plan, arguing primarily that a $10.5 million suretyship agreement was an "executory contract" and that...

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