STATEMENT OF ISSUES PAGE 1 OF 3 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

DALLAS DIVISION 

In re: 

HIGHLAND CAPITAL 

MANAGEMENT, L.P., 

 Debtor, 

CLO HOLDCO, LTD., 

 Appellant, 

v. 

MARC KIRSHNER, 

 Appellee. 

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CIVIL ACTION NO. 3:22-CV-2051-B 

 

APPELLANT CLO HOLDCO, LTD.’S 

STATEMENT OF ISSUES PRESENTED ON APPEAL 

______________________________________________________________________________

 

 Appellant CLO HoldCo, Ltd. (“CLO HoldCo”), pursuant to Rule 6(b)(2)(B) of the Federal 

Rules of Appellate Procedure, hereby files this Statement of Issues Presented on Appeal

(“Statement of Issues”): 

1. Whether the District Court erred as a matter of law by affirming the Bankruptcy 

Court’s denial of CLO HoldCo’s Motion to Ratify Second Amendment to Proof of 

Claim [Claim No. 198] and Response to Objection to Claim (the “Motion to 

Ratify”)? 

2. Whether the District Court erred in finding that the Bankruptcy Court properly 

determined that in order to amend a proof of claim post-confirmation a movant 

must show “compelling circumstances”? 

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STATEMENT OF ISSUES PAGE 2 OF 3 

3. Whether the District Court erred in finding that the Bankruptcy Court did not abuse 

its discretion in determining that the theory of recovery set forth in the Motion to 

Ratify was frivolous? 

4. Whether the District Court erred in finding that granting the Motion to Ratify would 

prejudice the estate such that the Motion to Ratify should be denied? 

5. Whether the District Court correctly applied an abuse of discretion standard of 

review as opposed to a de novo standard of review to the Bankruptcy Court’s 

determination that the Motion to Ratify should be denied because the proposed 

amendment would be futile? 

 With respect to the designation of the record, the Electronic Record on Appeal for USCA5 

23-10660 (the “eROA”) was certified on July 21, 2023. Appellant is satisfied that everything it 

would have designated in accordance with Rule 6(b)(2)(B) has already been certified and made 

available to the Circuit Clerk. However, and out of an abundance of caution, the Appellant 

designates everything included within and certified as the eROA. 

 Dated: August 1, 2023 Respectfully submitted, 

/s/ Louis M. Phillips 

KELLY HART PITRE

Louis M. Phillips 

One American Place 

301 Main Street, Suite 1600 

Baton Rouge, LA 70801-1916 

Telephone: (225) 381-9643 

Facsimile: (225) 336-9763 

Amelia L. Hurt 

400 Poydras Street, Suite 1812 

New Orleans, LA 70130 

Telephone: (504) 522-1812 

Facsimile: (504) 522-1813 

and 

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STATEMENT OF ISSUES PAGE 3 OF 3 

KELLY HART & HALLMAN LLP 

Hugh G. Connor II 

Michael D. Anderson 

Katherine T. Hopkins 

201 Main Street, Suite 2500 

Fort Worth, TX 76102 

Telephone: (817) 332-2500 

Facsimile: (817) 878-9280 

ATTORNEYS FOR CLO HOLDCO, 

LIMITED 

CERTIFICATE OF SERVICE 

 I, undersigned counsel, hereby certify that a true and correct copy of the foregoing 

document was served via ECF notification on August 1, 2023, on all parties receiving electronic 

notification. 

/s/ Louis M. Phillips 

Louis M. Phillips 

3778928_1.docx 

Case 3:22-cv-02051-B Document 22 Filed 08/01/23 Page 3 of 3 PageID 4963