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MATTER OF IMPERIAL PETROLEUM RECOVERY CORP.

No. 22-20430.

84 F.4th 264 (2023)

In the MATTER OF IMPERIAL PETROLEUM RECOVERY CORPORATION, Debtor, Don B. Carmichael; KK & PK Family, L.P.; Barry D. Winston; Gary Emmott, Appellants, v. Thomas Balke; TEBJES, Incorporated; Ultrawave Technology for Emulsion Control, Appellees.

United States Court of Appeals, Fifth Circuit.

FILED October 6, 2023.

Attorney(s) appearing for the Case

John Joseph Marek , Attorney, Addison, TX, Karen R. Emmott , Bellaire, TX, for Appellants.

Joan Lucci Bain , Attorney, Bain & Bain, P.L.L.C., Houston, TX, Raffi Melkonian , Wright, Close & Barger, L.L.P., Houston, TX, for Appellees.

Before Ho, Oldham, and Douglas, Circuit Judges.

This appeal arises from an adversary proceeding in bankruptcy. We affirm in part, vacate in part, and remand.

I.

This litigation stems from the bankruptcy of Imperial Petroleum Recovery Corporation ("IPRC"). IPRC once marketed microwave separation technology ("MST") machines, which purported to recover usable oil from various...

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