Cherry Valley Associates, LLC v. Fiorano Tile Imports, Inc. (In re Fiorano Tile Imports, Inc.)

Citation:
2nd Cir. No. 14-3915 (2015)
Tag(s):
Ruling:
Summary Order affirming the decision of the United States District Court for the Eastern District of New York holding that the Plan was substantially consummated under 11 U.S.C. § 1101(2) of the Bankruptcy Code, so that the presumption of equitable mootness applied, and that the presumption was not rebutted by Cherry Valley. NOTE: SUMMARY ORDERS IN THE 2ND CIRCUIT ARE NOT PRECEDENTIAL.
Procedural context:
Appeal from the United States District Court for the Eastern District of New York.
Facts:
Cherry Valley Associates, LLC (“Cherry Valley”) challenges the bankruptcy court’s order confirming the seventh amended plan of reorganization (the “Plan”) of the debtor-appellee, Fiorano Tile Imports, Inc. The district court found that the Plan was substantially consummated under 11 U.S.C. § 1101(2) of the Bankruptcy Code, so that the presumption of equitable mootness applied, and that the presumption was not rebutted by Cherry Valley. As an initial matter, most of the arguments that Cherry Valley raises on appeal were not raised below.
Judge(s):
BARRINGTON D. PARKER, GERARD E. LYNCH, and SUSAN L. CARNEY

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