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Varde Inv. Partners LP v. Comair Inc. (In re Delta Air Lines Inc.)

Varde Inv. Partners LP v. Comair Inc. (In re Delta Air Lines Inc.)

Ruling
Belated attempt by five creditors to revoke plan that was nearly unanimously approved dismissed due to lack of standing or factual support.
Procedural posture

Pending was the reorganized defendant debtors' motion under Fed. R. Bankr. P. 7012 and Fed. R. Civ. P. 12(b) to dismiss the Amended Complaint. Plaintiff claimants alleged they held $ 125,000,000 in claims against one or more of the debtors. The Amended Complaint (AC) asserted a single claim under 11 U.S.C.S. § 1144 to revoke debtors' confirmed Plan of Reorganization based upon debtors' alleged fraud in procurement of the confirmation order.

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Commercial opinion summary, case decided on April 30, 2008 , LexisNexis #0608-104