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§ 158(a)

Braemer v. Lowey

Feb
24
2009
Ruling
Appeal of order authorizing sale of debtor's property dismissed on grounds of mootness.
Procedural posture

Appellant, a former lead plaintiff for a class of consumers who were harmed by the debtor corporation, challenged the bankruptcy court's order authorizing appellee plan fiduciary and the debtor corporation to enter into a sale agreement in furtherance of the chapter 11 plan. The plan fiduciary moved to dismiss the appeal. The court suspended the briefing of the actual appeal in order to first address a motion to dismiss the appeal as moot.

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Commercial opinion summary, case decided on February 24, 2009 , LexisNexis #0409-035
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In re Comdisco Inc.

Aug
13
2008
Ruling
Denial of motion for termination of litigation trust did not terminate adversary proceeding and was not final appealable order.
Procedural posture

Appellee corporate debtor's reorganization plan authorized the creation of a litigation trust. Appellants, several of the debtor's former executives and high level employees, unsuccessfully moved in bankruptcy court to terminate the trust. Appellants sought further review after the United States District Court for the Northern District of Illinois, Eastern Division, affirmed the bankruptcy court's order denying their termination motion.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 13, 2008 , LexisNexis #0908-032
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W.R. Grace & Co. v. Libby Claimants (In re W.R. Grace & Co.)

Aug
12
2008
Ruling
Leave to file interlocutory appeal of denial of expansion of preliminary injunction of asbestos cases against debtor granted.
Procedural posture

Before the court was appellant debtors' Motion for Leave to Appeal Order Denying Injunction. Appellant State of Montana joined in the motion. Appellees were individuals allegedly injured by exposure to asbestos from debtors' mining operations in Lincoln County, Montana. Appellees opposed the motion. The matter was on appeal from the U.S. Bankruptcy Court for the District of Delaware.

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Commercial opinion summary, case decided on August 12, 2008 , LexisNexis #0908-033
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Whispering Pines Estates Inc. v. Flash Island Inc. (In re Whispering Pines Estates Inc.)

Jun
15
2007
Ruling
Bankruptcy court lacked jurisdiction to order relief from stay while appeal of confirmation order was pending.
Procedural posture

Appellant debtor challenged two decisions of the Bankruptcy Court for the District of New Hampshire that confirmed its chapter 11 plan and granted appellee creditor relief from the automatic stay. The bankruptcy appellate panel only addressed the issues presented in the stay relief order. The question was whether the bankruptcy court had jurisdiction to enter the stay relief order while the confirmation order was on appeal.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on June 15, 2007 , LexisNexis #0707-105
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