Date
October 5, 2026
Added to tracker
October 8, 2026
Court or forum
U.S. Court of Appeals for the Fifth Circuit
State
Texas
Amount / scale
$33.4M related Rule 9019 bankruptcy settlement reached Dec. 2025 between the same parties; the dollar amount at stake in this specific appeal is not disclosed
Parties
Debtor / Appellee: Pillarstone Capital REITDebtor / Appellee: Pillarstone Capital REIT Operating Partnership LPAppellant: Whitestone Uptown Tower, LLCRelated Party: Whitestone REITRelated Party: Whitestone REIT Operating Partnership, L.P.

The Fifth Circuit denied Whitestone Uptown Tower, LLC's petition for rehearing en banc on October 5, 2026, following the panel's September 4, 2026 affirmance of a district court ruling that had itself affirmed a bankruptcy-court decision against Whitestone Uptown Tower in the Pillarstone Capital REIT bankruptcy case. Pillarstone disclosed the ruling in its October 7, 2026 Form 10-Q. The appeal is the latest chapter in a multi-forum dispute between Pillarstone Capital REIT and Whitestone REIT dating to a 2021 shareholder rights plan, spanning Delaware Chancery Court, Harris County, Texas district court, and the Northern District of Texas bankruptcy court.

Why it matters

The ruling effectively closes out, absent a certiorari petition, a discrete piece of bankruptcy-court litigation that survived a broader $33.4 million Rule 9019 settlement the two REIT families reached in December 2025. It illustrates how a shareholder rights plan adopted against a counterparty that also holds a limited-partnership stake can generate years of parallel litigation across state chancery, state trial, and federal bankruptcy/appellate forums, and how a global settlement in one forum may not reach claims already on appeal in another.

The U.S. Court of Appeals for the Fifth Circuit has denied a petition for rehearing en banc filed by Whitestone Uptown Tower, LLC, closing out -- absent a petition for certiorari -- one of the last open fronts in a years-long partnership and bankruptcy dispute between Pillarstone Capital REIT and Whitestone REIT. The denial, entered October 5, 2026, follows the panel's September 4, 2026 affirmance of a district court ruling that had itself affirmed a bankruptcy-court decision adverse to Whitestone Uptown Tower's position. Pillarstone disclosed the sequence of events in its Form 10-Q filed with the SEC on October 7, 2026.

Case timeline · 6 entries Latest: October 5, 2026 — Fifth Circuit denies Whitestone Uptown Tower's petition for rehearing en banc

Free · no account needed

Keep reading

Read the full write-up and case timeline. Up to 10 a month are free without an account; a free account is unlimited and adds email alerts.

Read the full write-up

Or create a free account with just your email:

Alerts

Get an email when new reit & securities matters in Texas are filed

Share LinkedIn Email

More reit & securities matters

Other matters in Texas

Recently added

CREdocket summarizes public court records and reporting; see our sourcing standards and corrections log. Not legal advice. Facing something similar? Contact us.