ReGen Capital III, Inc. v. Official Committee of Unsecured Creditors (In Re Trism, Inc.)

DREHER, Bankruptcy Judge,

dissenting.

I respectfully disagree and would affirm. The record establishes that the bankruptcy court enforced, precisely, the agreement ReGen reached with the Missouri Debtors. To me, it is plain that ReGen knew from the start that its agreement with the Missouri Debtors did not, and was not intended to, foreclose the Committee, a nonparty to the Stipulation, from asserting whatever claims it might have, or claim to have, against ReGen.

This is not an appeal that turns on whether the bankruptcy court properly applied the Flight Transportation factors in deciding to…