To explore Jackson Walker’s experience in handling the various issues that accompany energy bankruptcy proceedings, visit the Bankruptcy, Restructuring, & Recovery and Trial & Appellate Litigation practice pages. Secord, with significant assistance from Sean D. Tomasco along with Jackson Walker Austin partner Jennifer F. The team that represented Linn was led by former Jackson Walker attorney Patricia B.

The Fifth Circuit stressed that Linn was correct that “the bankruptcy court’s approval of the Plan and the ensuing confirmation order constitute a final judgment that may not be collaterally attacked.” The court also agreed that the appellee should be held to the terms of the confirmed plan that it did not object to, and otherwise took no action prior to, filing its post-confirmation lawsuit to recover the subject unclaimed property from Linn. In a 10-page opinion, the Fifth Circuit held that because the appellee sat on its rights during the entire Chapter 11 process, res judicata bars its claim. District Court for the Southern District of Texas and reinstated the bankruptcy court’s dismissal of a post-confirmation attempt by the State of Oklahoma to obtain nearly $1 million in alleged unclaimed royalty payments held by Linn. On June 19, 2019, the Fifth Circuit reversed the U.S. Jackson Walker secured an appellate victory in the Fifth Circuit Court of Appeals on behalf of Linn Energy, LLC (Linn), an oil and gas company operating in Texas and Oklahoma.

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