Legal Opinion

In re Owens Corning

Court of Appeals for the Third Circuit

Decided October 12, 2005No. 04-4080PublishedCited by 143 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

We consider under what circumstances a court exercising bankruptcy powers may substantively consolidate affiliated entities. Appellant Credit Suisse First Boston (“CSFB”) is the agent for a syndicate of banks (collectively, the “Banks”)1 that extended in 1997 a $2 billion unsecured loan to Owens Corning, a Delaware corporation (“OCD”), and certain of its subsidiaries. This credit was enhanced in part by guarantees made by other OCD subsidiaries. The District Court granted a motion to consolidate the assets and liabilities of the OCD borrowers2 and…

2Cases cited35 opinions

  1. Grupo Mexicano De Desarrollo, S. A. v. Alliance Bond Fund, Inc.Supreme Court of the United States · 1999
  2. In Re: Combustion Engineering, Inc. First State Insurance Company Hartford Accident and Indemnity CompanyCourt of Appeals for the First Circuit · 2004
  3. Sampsell v. Imperial Paper & Color Corp.Supreme Court of the United States · 1941
  4. Norma J. Nesbit v. Gears Unlimited, IncCourt of Appeals for the Third Circuit · 2003
  5. In Re Marvel Entertainment Group, Inc.Court of Appeals for the Third Circuit · 1998

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3Cited by143 opinions

  1. Lisa Papotto v. Hartford Life & Accident InsurCourt of Appeals for the Third Circuit · 2013
  2. In Re Teleglobe Communications Corp.Court of Appeals for the Third Circuit · 2007
  3. Gold v. Winget (In Re NM Holdings Co.)United States Bankruptcy Court, E.D. Michigan · 2009
  4. In Re Armstrong World Industries, Inc.Court of Appeals for the Third Circuit · 2005
  5. Official Committee of Unsecured Creditors of Verestar, Inc. v. American Tower Corp. (In Re Verestar, Inc.)United States Bankruptcy Court, S.D. New York · 2006

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