United States Ninth Circuit
In the Matter of Thorpe Insulation Co., 10-56543
In a bankruptcy case in which several insurance companies that did not reach settlements with the debtors were not allowed to challenge the Chapter 11 reorganization plan, the district court order issuing and affirming the plan is reversed with instructions on remand, where: 1) the appeal was not equitably moot; 2) the appellants met statutory, constitutional, and prudential standing requirements; 3) the appellants had standing in bankruptcy court to object to confirmation of the plan; and 4) anti-assignment provisions contained in contracts between the appellants and debtors were preempted by federal bankruptcy law.
Appellate Information
- Decided 01/24/2012
- Published 01/24/2012
Judges
- Gould
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- David C. Christian, II, Thomas E. Patterson