Legal Opinion

ASARCO, L.L.C. v. Elliott Management

Court of Appeals for the Fifth Circuit

Decided August 16, 2011No. 10-40930PublishedCited by 35 opinions

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

  1. In Re Fugazy Express, Inc.Court of Appeals for the Second Circuit · 1992
  2. Beitel v. OCA, Inc.Court of Appeals for the Fifth Circuit · 2008
  3. 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
  4. Cadle Co. v. Mims (In Re Moore)Court of Appeals for the Fifth Circuit · 2010
  5. ASARCO LLC v. Americas Mining Corp.District Court, S.D. Texas · 2008

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

3Cited by35 opinions

  1. McDow v. DudleyCourt of Appeals for the Fourth Circuit · 2011
  2. Kingdom Fresh Produce, Inc. v. Stokes Law Office, L.L.P. (In Re Delta Produce, L.P.)Court of Appeals for the Fifth Circuit · 2016
  3. Speer v. Chapter 7 Trustee Tow (In re Royce Homes LP)United States Bankruptcy Court, S.D. Texas · 2012
  4. Dean v. SeidelCourt of Appeals for the Fifth Circuit · 2021
  5. Prologo v. Flagstar Bank, FsbDistrict Court, D. Maryland · 2012

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

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