Legal Opinion

National Heritage Foundation, Inc. v. Highbourne Foundation

Court of Appeals for the Fourth Circuit

Decided July 25, 2014No. 13-1608PublishedCited by 18 opinions

1Opinion of the Court

Affirmed by published opinion. Judge DIAZ wrote the opinion, in which Judge WILKINSON and Judge AGEE joined.

ON REHEARING

DIAZ, Circuit Judge:

On remand following an earlier appeal in this ease, a bankruptcy court ruled that the non-debtor release provision in National Heritage Foundation’s Chapter 11 reorganization plan was unenforceable. The district court affirmed. On appeal to this court, NHF argues that the courts below erred, claiming that the facts and circumstances surrounding its bankruptcy are sufficiently unique to justify the release. Finding insufficient evidence to support NHF’s…

2Cases cited10 opinions

  1. In Re: Metromedia Fiber Network, Inc., Debtors. Deutsche Bank Ag, London Branch and Bear, Stearns & Co., Inc. v. Metromedia Fiber Network, Inc., Debtors-AppelleesCourt of Appeals for the Second Circuit · 2005
  2. Class Five Nevada v. Dow Corning Corp. (In Re Dow Corning Corp.)Court of Appeals for the Sixth Circuit · 2002
  3. Gold v. First Tennessee Bank National Ass'n (In Re Taneja)Court of Appeals for the Fourth Circuit · 2014
  4. Behrmann v. National Heritage Foundation, Inc.Court of Appeals for the Fourth Circuit · 2011
  5. Menard-Sanford v. Mabey (In re A.H. Robins Co.)Court of Appeals for the Fourth Circuit · 1989

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

3Cited by18 opinions

  1. Harrington v. Purdue Pharma L.P.Supreme Court of the United States · 2024
  2. In re Aegean Marine Petroleum Network Inc.United States Bankruptcy Court, S.D. New York · 2019
  3. Harrington v. Purdue Pharma L.P.Supreme Court of the United States · 2024
  4. In re Alpha Natural Resources, Inc.United States Bankruptcy Court, E.D. Virginia · 2016
  5. In re Health Diagnostic Laboratory, Inc.United States Bankruptcy Court, E.D. Virginia · 2016

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API