Legal Opinion

Hilal v. Williams

Court of Appeals for the Fifth Circuit

Decided July 8, 2008No. 07-20571PublishedCited by 23 opinions

1Opinion of the Court

EDITH H. JONES, Chief Judge:

An extraordinarily litigious debtor 1 challenges in this appeal two aspects of the Chapter 11 Plan confirmed at the instance of the Trustee and creditors, principally the IRS. We hold that the appeal is not equitably moot, notwithstanding that the Plan has been substantially consummated and the debtor neither obtained a stay or posted a bond pending appeal. The debt- or’s merits issues, which challenge only the Plan’s exculpatory clause for the Trustee and the Trustee’s percentage compensation arrangement, border on frivolous. We accordingly vacate the district…

2Cases cited7 opinions

  1. In Re: Continental AirlinesCourt of Appeals for the Third Circuit · 2000
  2. In Re: Pws Holding Corporation Bruno's, Inc Food Max of Mississippi, Inc A.F. Stores, Inc Br Air, Inc. Food Max of Georgia, Inc Food Max of Tennessee, Inc Foodmax, Inc Lakeshore Foods, Inc Bruno's Food Stores, Inc Georgia Sales Company Sss Enterprise, Inc W.R. Huff Asset Management Co., L.L.C., in 00-5042 Hsbc Bank Usa, as Indenture Trustee for the 10.5% Senior Subordinated Notes, in 00-5074Court of Appeals for the Third Circuit · 2000
  3. In Re: United Artists Theatre Company, Debtors v. Donald F. Walton, Acting United States Trustee for Region 3 Donald F. WaltonCourt of Appeals for the Third Circuit · 2003
  4. In Re International Environmental Dynamics, Inc.Court of Appeals for the Ninth Circuit · 1983
  5. TNB Financial, Inc v. James F Parker IntCourt of Appeals for the Fifth Circuit · 2001

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3Cited by23 opinions

  1. R² Investments, LDC v. Charter Communications, Inc. (In Re Charter Communications, Inc.)Court of Appeals for the Second Circuit · 2012
  2. Bank of New York Trust Co. v. Official Unsecured Creditors' CommitteeCourt of Appeals for the Fifth Circuit · 2009
  3. Wooley v. Faulkner (In Re SI Restructuring, Inc.)Court of Appeals for the Fifth Circuit · 2008
  4. NexPoint v. Highland Capital ManagementCourt of Appeals for the Fifth Circuit · 2022
  5. Technology Lending Partners, LLC v. San Patricio County Community Action AgencyCourt of Appeals for the Fifth Circuit · 2009

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