Legal Opinion

Evercore Capital Partners II, L.L.C. v. Nancy Sue Davis Trust (In Re Davis Offshore)

Court of Appeals for the Fifth Circuit

Decided June 16, 2011No. 09-41294PublishedCited by 17 opinions

1Opinion of the Court

EDITH H. JONES, Circuit Judge:

Shortly after the renowned patriarch of a family-owned oil and gas drilling business passed away, the business began to suffer financial reverses, and the family began to squabble. A potential sale of the business was thwarted when one of the adult children filed suit against her mother and siblings. Amid legal trouble and a severe cash shortage, the company finally found refuge in a prepackaged Chapter 11 case in which the debtor entities’ assets were sold to an investor consortium includ ing Gregg Davis, one of the sons. 1 The greatly expedited Chapter 11 case…

2Cases cited17 opinions

  1. Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009
  2. Peter C. Browning v. Jeff P. ProstokTexas Supreme Court · 2005
  3. REPUBLIC SUPPLY CO., Plaintiff-Appellee, v. Joseph SHOAF, Defendant-AppellantCourt of Appeals for the Fifth Circuit · 1987
  4. The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
  5. Chevron Chemical Company, a Delaware Corporation v. Voluntary Purchasing Groups, Inc., a Texas Corporation, and Hi-Yield Chemical Co.Court of Appeals for the Fifth Circuit · 1981

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3Cited by17 opinions

  1. Okla. State Treasurer v. Linn Operating, Inc. (In Re Linn Energy, L.L.C.)Court of Appeals for the Fifth Circuit · 2019
  2. In re Dynegy Inc.United States Bankruptcy Court, S.D. New York · 2013
  3. Cole v. Nabors Corporate Servs., Inc. (In re CJ Holding Co.)District Court, S.D. Texas · 2019
  4. Umb Bank, Nat'l Ass'n v. Linn Energy (In re Linn Energy, L. L.C.)Court of Appeals for the Fifth Circuit · 2019
  5. Adler v. Frost (In Re Gulf States Long Term Acute Care of Covington, L.L.C.)Court of Appeals for the Fifth Circuit · 2015

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