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MATTER OF HIGHLAND CAPITAL MANAGEMENT, L.P.

No. 22-10189.

57 F.4th 494 (2023)

In the MATTER OF HIGHLAND CAPITAL MANAGEMENT, L.P. Debtor, Highland Capital Management Fund Advisors, L.P.; NexPoint Advisors, L.P.; The Dugaboy Investment Trust, Appellants, v. Highland Capital Management, L.P., Appellee.

United States Court of Appeals, Fifth Circuit.

FILED January 11, 2023.

Attorney(s) appearing for the Case

Davor Rukavina, Esq. , Julian Preston Vasek , Munsch Hardt Kopf & Harr, P.C., Dallas, TX, for Appellants Highland Capital Management Fund Advisors, L.P., and NexPoint Advisors, L.P.

Douglas Scott Draper, Esq. , Heller, Draper & Horn, L.L.C., New Orleans, LA, for Appellant The Dugaboy Investment Trust.

Jeffrey N. Pomerantz , Pachulski Stang Ziehl & Jones, L.L.P., Los Angeles, CA, Zachery Z. Annable, Esq. , Melissa Sue Hayward, Esq. , Hayward, P.L.L.C., Dallas, TX, Gregory Vincent Demo , Judith Elkin , Jordan A. Kroop , Pachulski Stang Ziehl & Jones, L.L.P., New York, NY, for Appellee.

Before King, Stewart, and Haynes, Circuit Judges.

Following the bankruptcy court's confirmation of its reorganization plan, Highland Capital Management, L.P. filed a motion with the bankruptcy court seeking entry of an order authorizing the creation of an indemnity sub-trust. Over several objections, the bankruptcy court entered an order approving the motion. Several objectors...

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