Baltimore County v. Hechinger Liquidation Trust

Although this all may at first appear-to be a “splitting of grammatical hairs,” I believe that the majority’s misinterpretation of 11 U.S.C. § 1146(c) “under a plan confirmed,” of sufficient significance to warrant separately expressing my views. Hence, I dissent. I do not think this phrase places a temporal restriction on the qualifying transactions. Instead, I read the phrase to be a description of eligible transfers-those under a plan confirmed-whether the transfer occurred before or after confirmation. As the Bankruptcy Court and District Court did in this case, I look to the structure…