Legal Opinion · Concurring in part, dissenting in part

Official Committee of Unsecured Creditors ex rel. bankruptcy estates of Jevic Holding Corp. v. CIT Group/Business Credit Inc.

Court of Appeals for the Third Circuit

Decided August 18, 2015No. 14-1465Published

1Concurring in part, dissenting in part

SCIRICA, Circuit Judge.

I concur in parts of the Court’s analysis in this difficult case, but I respectfully dissent from the decision to affirm. Rejection of the settlement was called for under the Bankruptcy Code and, by approving the settlement, the bankruptcy court’s order undermined the Code’s essential priority scheme. Accordingly, I would vacate the bankruptcy court’s order and remand for further proceedings, described below.

At the outset, I should state that this is not a case where equitable mootness applies. We recently made clear in In re Semcrude, L.P., 728 F.3d 314 (3d Cir.2013),…

2Cases cited13 opinions

Varity Corp. v. HoweSupreme Court of the United States · 1996
Protective Committee for Independent Stockholders of TMT Trailer Ferry, Inc. v. AndersonSupreme Court of the United States · 1968
Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
Toibb v. RadloffSupreme Court of the United States · 1991
In Re a & C Properties, Debtors. William W. Martin, Superseded by Gilbert Robinson, in Intervention v. William E. Kane, Barbara Kelly, K & K Properties, Inc., and Investors Replacement, Inc., William W. Martin, Objectors-Plaintiffs-Appellants v. Gilbert Robinson, Trustee in Bankruptcy, in InterventionCourt of Appeals for the Ninth Circuit · 1986

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