Cinicola v. Scharffenberger

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this bankruptcy appeal, the issue is whether plaintiffs should have obtained a stay under § 363(m) of the Bankruptcy Code before appealing an assumption and an assignment under § 365. See 11 U.S.C. § 363(m) (1994).

This appeal arises from the District Court’s affirmance of the Bankruptcy Court’s order approving the assumption of eight physician employment contracts by the Chapter 11 Trustee of a bankrupt health care system and their assignment to another hospital. 1 Contending their employment contracts were not assignable, the physicians appealed.

I