Legal Opinion

Ad Hoc Group of Timber Noteholders v. Pacific Lumber Co. (In Re Scotia Pacific Co.)

Court of Appeals for the Fifth Circuit

Decided November 13, 2007No. 07-40487PublishedCited by 22 opinions

1Opinion of the Court

W. EUGENE DAVIS, Circuit Judge:

This is an appeal from a bankruptcy court order which was certified to this Court pursuant to 28 U.S.C. § 158(d)(2). Appellant challenges the bankruptcy court’s holding that Scotia Pacific Company LLC (“Scopac”) was not a “single asset real estate” (“SARE”) debtor under § 101(51B) of the Bankruptcy Code and was therefore not subject to expedited reorganization procedures set forth in § 362(d)(3) of the Code. We affirm.

I

A

Scopac is a limited liability company which was formed as a “special purpose” subsidiary of Pacific Lumber Company (“Palco”). Palco transferred…

2Cases cited14 opinions

  1. Bowles v. RussellSupreme Court of the United States · 2007
  2. Kontrick v. RyanSupreme Court of the United States · 2004
  3. In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
  4. Bonneville Power Administration v. Mirant Corp.Court of Appeals for the Fifth Circuit · 2006
  5. In Re Kkemko, Inc.United States Bankruptcy Court, S.D. Ohio · 1995

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

3Cited by22 opinions

  1. Franchise Servs. of N. Am., Inc. v. U.S. Tr. (In Re Franchise Servs. of N. Am., Inc.)Court of Appeals for the Fifth Circuit · 2018
  2. In re McMahanUnited States Bankruptcy Court, S.D. Texas · 2012
  3. Terrill Horton v. Walter O'CheskeyCourt of Appeals for the Fifth Circuit · 2013
  4. In re Triumph Christian Center, Inc.United States Bankruptcy Court, S.D. Texas · 2013
  5. In Re Olde Prairie Block Owner, LLCUnited States Bankruptcy Court, N.D. Illinois · 2012

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

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