· 7/31/1996
In Re Continental Airlines. Nationsbank of Tennessee, N.A., F/k/a Nationsbank of Tennessee, as Collateral Trustee Under a Secured Equipment Indenture and Lease Agreement Dated March 15, 1987 (\Nationsbank\) New Jersey National Bank, as Successor by Merger to Constellation Bank, N.A., F/k/a National
Citations
- 91 F.3d 553
- 36 Collier Bankr. Cas. 2d 785
- 1996 U.S. App. LEXIS 18900
- 29 Bankr. Ct. Dec. (CRR) 629
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a plan’s provision of a mechanism by which a reorganized debtor can pay an administrative claim does not mean that equitable mootness does not apply
- stating that it was “incumbent” on appellants to obtain a stay where there was a “clear possibility” that their claims would become moot”
- stating that while the five factors have been given different weights, substantial consummation rates “the foremost consideration”
- emphasizing that the record was replete with evidence that investing parties not before the court relied on the confirmation order in making decision to enter into a $450 million investment agreement under a complex arrangement
- emphasizing that the record was replete with evidence that investing parties not before the court relied on the confirmation order in making decision to enter into a $450 million investment agreement under a complex arrangement
- finding that because the doctrine of equitable mootness “involves a discretionary balancing of equitable and prudential factors,” the bankruptcy court’s decision thereon should be reviewed for an abuse of discretion
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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