United States First Circuit

Order of dismissal is remanded with instructions to affirm the original order of the U.S. Bankruptcy Court denying debtor access to disputed funds where the plain language of a stipulation entered into by the parties as part of a reorganization plan does not support a conclusion that the funds were intended to be retained by the debtor.

Appellate Information

• Decided 06/07/2006
• Published 06/07/2006

Judges

• CAMPBELL, Senior Circuit Judge., Before TORRUELLA, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John J. Monaghan with whom Lynne B. Xerras, Diane N. Rallis, Esme B. Caramello and Holland & Knight, LLP were on brief for appellant, New Seabury Company Limited Partnership.


• For Appellees:
  
• Daniel E. Rosenfeld with whom David M. Glynn, Robert N. Michaelson and Kirkpatrick & Lockhart LLP were on brief for appellee, New Seabury Properties, LLC.