Nestle Waters North America, Inc. v. Mountain Glacier LLC (In re Mountain Glacier LLC)

(Sixth Circuit Dec. 11, 2017)

The Sixth Circuit affirms the bankruptcy court’s decision finding the reorganized Chapter 11 debtor retained its claims against the defendant in a pre-petition arbitration. The court finds that the debtor sufficiently identified the claim in its disclosure statement and the plan provided that it would be transferred to the reorganized debtor. Nothing more was required to retain the claim. Opinion below.

Judge: Thapar

Attorney for Debtor: Bradley Arant Boult Cummings, William L. Norton, III

Attorneys for Defendant: Pepper Hamilton, Robert S. Hertzberg, Deborah T. Kovsky-Apap; Baker Donelson, Courtney Hunter Gilmer, John Hayden Rowland

2017-12-11 – in re mountain glacier

Author: Matt Lindblom

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