In Re: MSR Resort Golf Course LLC

Debtor: MSR Resort Golf Course LLC
Appellant: Five Mile Capital Partners LLC
Appellee: MSR Resort Golf Course LLC, C Hotel Mezz Private Limited and 450 Lex Private Limited
Creditor: 450 Lex Private Limited and C Hotel Mezz Private Limited
Case Number: 1:2013cv02448
Filed: April 12, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: NewYork
Presiding Judge: Paul A. Crotty
Nature of Suit: Bankruptcy Appeal (801)
Cause of Action: 28:0158 Notice of Appeal re Bankruptcy Matter (BA
Jury Demanded By: None

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Date Filed#Document Text
January 7, 2014 28 Opinion or Order of the Court OPINION AND ORDER. Were the Court to consider the merits of the Appellant's claim, it would almost certainly conclude, as Judge Buchwald did, that it is "hard to conceive of how any court could reach a decision contrary to" the Bankrup tcy Court's careful and well-reasoned decision. (2/28/13 Tr. 4:17-18). As it happens, however, this appeal is moot. First, it is moot as a statutory matter under § 363(m), because the Bankruptcy Court did not commit clear error in finding t hat the Purchaser acted in good faith, and because the relief the Appellant seeks would affect the validity of the sale of the Resorts. On this basis, the Court lacks jurisdiction to hear any other argument and the appeal must be dismissed. Even had the Purchaser not acted in good faith, this appeal would remain equitably moot. The Court cannot order relief here without disturbing the transaction as a whole. Such appeals are not permitted when the sale of a debtor's assets has been substant ially consummated. The Resorts have been sold, title has transferred, the creditors have been paid, and the Purchaser has proceeded to act as the new owner of the Resorts in every respect. Given this unquestioned consummation, the Appellant cannot be permitted to proceed with an appeal threatening the disruption of the sale itself. Accordingly this appeal is dismissed. The Clerk of Court is respectfully directed to close the case. (Signed by Judge Katherine Polk Failla on 1/7/2014) (rjm)

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Debtor: MSR Resort Golf Course LLC
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Appellant: Five Mile Capital Partners LLC
Represented By: David M. Friedman
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Appellee: MSR Resort Golf Course LLC
Represented By: Paul Basta
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Appellee: C Hotel Mezz Private Limited
Represented By: David Adam Kotler
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Appellee: 450 Lex Private Limited
Represented By: David Adam Kotler
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Creditor: 450 Lex Private Limited and C Hotel Mezz Private Limited
Represented By: Nicole Bernadine Herther-Spiro
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