ASARCO, L.L.C. v. Elliott Management
Court of Appeals for the Fifth Circuit
1Opinion of the Court
CARL E. STEWART, Circuit Judge:
The bankruptcy court in this case issued an order that authorized the debtor, ASARCO LLC (“ASARCO”), to reimburse qualified bidders for expenses incurred in connection with the sale of a substantial asset of the debtor’s estate. The bankruptcy court determined that such reimbursements were proper under the business judgment standard in section 363(b) of the Bankruptcy Code.1 ASARCO’s parent companies, Americas Mining Corporation (“AMC”) and ASARCO Incorporated (collectively, the “Parent”), appealed the order to the district court. The district court found no…
2Cases cited22 opinions
- In Re Fugazy Express, Inc.Court of Appeals for the Second Circuit · 1992
- Beitel v. OCA, Inc.Court of Appeals for the Fifth Circuit · 2008
- In Re: O'Brien Environmental Energy, Inc., Debtor Calpine Corporation v. O'Brien Environmental Energy, Inc., Now Known as Nrg Generating (u.s.), IncCourt of Appeals for the Third Circuit · 1999
- Cadle Co. v. Mims (In Re Moore)Court of Appeals for the Fifth Circuit · 2010
- ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008
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- Speer v. Chapter 7 Trustee Tow (In re Royce Homes LP)United States Bankruptcy Court, S.D. Texas · 2012
- Dean v. SeidelCourt of Appeals for the Fifth Circuit · 2021
- Prologo v. Flagstar Bank, FsbDistrict Court, D. Maryland · 2012
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