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United States Second Circuit


DISH Network Corp. v. DBSD N. Am., Inc., 10-1175

In consolidated appeals arising out of the bankruptcy of DBSD North America, district court's judgment affirming rulings of the bankruptcy court's confirmation of a plan of reorganization under 11 U.S.C. section 1129 and designated the votes of DISH Network Corporation as "not in good faith" under 11 U.S.C. section 1126(e), is affirmed in part and reversed in part where: 1) the law supports the bankruptcy court's decision to designate DISH's vote as not having been cast in good faith and its treatment of its class's vote; but 2) Sprint has standing to appeal the denial of its objection to the confirmation of the reorganization plan and the bankruptcy court erred in confirming the plan of reorganization.

Appellate Information

  • Decided 02/07/2011
  • Published 02/07/2011

Judges

  • LYNCH

Court

  • United States Second Circuit

Counsel

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