Metropolitan Estates, Inc. v. Emmons-Sheepshead Bay Devel., LLC (In re Emmons-Sheepshead Bay Devel.
- Case Type:
- Business
- Case Status:
- Affirmed
- Citation:
- 15‐3844‐bk (2nd Circuit, Dec 06,2016) Not Published
- Tag(s):
- Ruling:
Court affirmed orders a.) dismissing adversary proceeding under F.R.C.P. 12(b)(6) for not stating a claim to revoke confirmation, 11 U.S.C. 1144; and b) denying motion to vacate, alter or reconsider, F.R.C.P. 52(b), 59(e) and 60(b), for merely rehashing arguments.
- Procedural context:
Appeal from District Court affirming Bankruptcy Court orders dismissing adversary proceeding and denying motion to vacate, alter or reconsider
- Facts:
Debtor filed for chapter 11. Plaintiff contended that debtor's property was undervalued by 100 + %. Debtor's plan which transferred property was confirmed over Plaintiff's objection, that plan was not in good faith
- Judge(s):
- JOHN M. WALKER, JR., ROBERT D. SACK, DENNY CHIN
