Big & Tall of America, Inc. v. Den Norske Bank (In re Big & Tall of America, Inc.)

MEMORANDUM OF DECISION AND ORDER ON APPELLANTS’ MOTION TO DISMISS APPEAL AS MOOT

SARIS, District Judge.

On April 9, 1992, Big & Tall of America, Inc. (“Big”) and its wholly owned subsidiary, Big & Tall Shoppes of America, Inc. (“Shoppes”),1 filed voluntary petitions for relief under 11 U.S.C. §§ 101 et seq. in the bankruptcy court. Den Norske Bank A/S (the “Bank”), which had issued letters of credit to help secure Big’s debt financing, moved to dismiss the petitions. The bankruptcy judge held a hearing and at its conclusion dictated findings of fact and conclusions of law before ordering the…