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

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