United States Fifth Circuit

In a creditor's appeal from the district court's order denying the creditor's motion for rehearing of its appeal of the bankruptcy court's order confirming the debtor's Chapter 11 reorganization plan, the order is reversed where: 1) the actions the debtor took to substantially consummate the plan before the creditor could obtain a stay did not insulate the plan from an appellate challenge; and 2) 11 U.S.C. section 1127(b) had no relevancy to the appeals at issue, each of which was brought by a creditor and challenger of the plan.

Appellate Information

• Decided 01/08/2010
• Published 01/08/2010

Judges

• JOLLY, Circuit Judge:, Before JOLLY, DeMOSS, and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel