Legal Opinion

Boullioun Aircraft Holding Co. v. Smith Management Western Pacific Airlines, Inc.

Court of Appeals for the Tenth Circuit

Decided July 7, 1999No. 98-1018, 98-1214PublishedCited by 47 opinions

1Opinion of the Court

LUCERO, Circuit Judge.

We consider whether an appeal by an aircraft lessor is moot if the lessor seeks modification of post-petition lenders’ bargained-for collateral but has failed to seek a stay of the relevant post-petition financing order pursuant to 11 U.S.C. § 364(e). For the reasons set forth below, we conclude that these appeals are moot and dismiss. Solely because of case-specific, equitable considerations, we do not vacate the decisions below.

I

These appeals arise from bankruptcy proceedings regarding Western Pacific Airlines, Inc. (“WestPac”). In appeal No. 98-1018 (“the lease…

2Cases cited13 opinions

  1. Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
  2. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  3. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
  4. U.S. Bancorp Mortgage Co. v. Bonner Mall PartnershipSupreme Court of the United States · 1994
  5. Mills v. GreenSupreme Court of the United States · 1895

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3Cited by47 opinions

  1. Tandy v. City of WichitaCourt of Appeals for the Tenth Circuit · 2004
  2. In Re Dsc, Ltd., a Michigan Corporation, Debtor. Riverview Trenton Railroad Company Crown Enterprises, Inc. v. Dsc, Ltd., a Michigan CorporationCourt of Appeals for the Sixth Circuit · 2007
  3. Plotner v. AT & T Corp.Court of Appeals for the Tenth Circuit · 2000
  4. Amoco Oil Co. v. United States Environmental Protection AgencyCourt of Appeals for the Tenth Circuit · 2000
  5. Exxon Mobil v. HealeyCourt of Appeals for the Second Circuit · 2022

42 more not listed; retrieve them via the Exa API.

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