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judge hardin jr

In re HHG Corp.

Ruling
Motion to set aside sale order was denied since opportunity to object to order was waived and, thus, order had res judicata effect.
Procedural posture

The bankruptcy court had previously approved a sale of the debtor's assets which included a library of video footage of a professional wrestling event. More than two years after entry of the sale order, movants alleged that they had an interest in the library of video footage and filed a motion to set aside the sale order.

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opinion summary, case decided on May 02, 2006 , LexisNexis #0606-050

In re Delta Air Lines

Ruling
Debtor airline's motion to reject its collective bargaining agreement with its flight attendants was denied since debtor failed to confer in good faith in attempting to reach mutually satisfactory modifications in the agreement.
Procedural posture

Debtor, an airline company, filed a motion under 11 U.S.C. § 1113 to reject its collective bargaining agreement with its flight attendants.

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opinion summary, case decided on April 26, 2006 , LexisNexis #0606-062

In re Delta Air Lines Inc.

Ruling
Motion for setoff was denied since rejection damages under sections 365(g) and 502(g), which arose after filing, could not be set off against a prepetition claim.
Procedural posture

Creditor, a municipal aviation authority, brought a motion for relief from the automatic stay in order to set off under 11 U.S.C. § 553 certain credits in favor of the debtors, an airline and its subsidiaries, against rejection damages under 11 U.S.C. §§ 365(g) and 502(g) stemming from a lease with the aviation authority which the debtors rejected.

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opinion summary, case decided on March 23, 2006 , LexisNexis #0506-027