IN RE MOORE

No. 09-10604.

608 F.3d 253 (2010)

In the Matter of: James H. MOORE, III, Debtor. The Cadle Company, Appellant, v. Jeffrey H. Mims; James H. Moore, III; Elizabeth A. Moore; JHM Properties; Brunswick Homes, LLC, Appellees.

United States Court of Appeals, Fifth Circuit.

June 2, 2010.


Attorney(s) appearing for the Case

Bruce K. Thomas (argued), Law Office of Bruce Thomas, Dallas, TX, for Cadle Co.

Bruce William Akerly, Brad W. Odell (argued), Bell, Nunnally & Martin, L.L.P., Dallas, TX, for Mims.

David Mark Pyke (argued), Pyke & Associates, Dallas, TX, for James & Elizabeth Moore and JHM Properties.

John T. Palter, Kimberly M. Sims (argued), Riney Palter, Dallas, TX, for Brunswick Homes, LLC.

Before SMITH, CLEMENT and OWEN, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

Appellant The Cadle Company ("Cadle"), the major creditor of the bankruptcy estate of James H. Moore, III ("Moore"), appeals the district court's affirmance of the bankruptcy court's approval of a settlement of estate claims over its objection and despite its offer to purchase the claims for higher value. We reverse and remand, concluding that the claims at issue could be sold as well as compromised and that the bankruptcy court's failure...

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