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IN RE OLD CARCO LLC, 10-3093-bk(L) (2011)

Court: Court of Appeals for the Second Circuit Number: infco20110919069 Visitors: 17
Filed: Sep. 19, 2011
Latest Update: Sep. 19, 2011
Summary: SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the district court's order is AFFIRMED. The bankruptcy court that entered the Enforcement Order is the same court that entered the Sale and Rejection Orders. That court is best situated to interpret the Orders; we give its interpretation substantial deference. In Re Casse, 198 F.3d 327 , 333 (2d Cir. 1999). Once a bankruptcy court's order becomes final, the order is res judicata, even to claims that
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SUMMARY ORDER

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the district court's order is AFFIRMED.

The bankruptcy court that entered the Enforcement Order is the same court that entered the Sale and Rejection Orders. That court is best situated to interpret the Orders; we give its interpretation substantial deference. In Re Casse, 198 F.3d 327, 333 (2d Cir. 1999).

Once a bankruptcy court's order becomes final, the order is res judicata, even to claims that challenge the bankruptcy court's subject matter jurisdiction. Travelers Indemnity Co. v. Bailey, 129 S.Ct. 2195, 2205 (2009). Here, the Sale and Rejection Orders are final; neither Appellant appealed those Orders and the time to do so has expired. Thus, the bankruptcy court's sole task was to determine whether the Sale and Rejection Orders precluded Appellants' state law actions, even if there were valid objections to those orders that could have been made when they were entered.

We have reviewed the bankruptcy court's Enforcement Order and the district court's order affirming the same, and AFFIRM for the reasons stated by the district court in its well-reasoned decision.

AFFIRMED.

FootNotes


* The Clerk of the Court is directed to conform the caption in accordance herewith.
Source:  Leagle

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