CHS, Incorporated v. Plaquemines Holdings, L.L.C.

I agree with the majority’s analysis and conclusion that the right that SLE assigned to Plaquemines was litigious. I must respectfully disagree with my colleagues, however, that the sale falls within the parameters of the judicial-sale exception.

The majority does not dispute that SLE voluntarily filed for Chapter 11 bankruptcy and submitted a Chapter 11 plan proposing a complete liquidation of its assets. Yet,' the majority ignores this fact and focuses instead on the legal nature of the bankruptcy proceeding, and SLE’s operation, once it was in bankruptcy. For example, while acknowledging…