In Re: MSR Resort Golf Course LLC
| MSR Resort Golf Course LLC |
| Five Mile Capital Partners LLC |
| MSR Resort Golf Course LLC, 450 Lex Private Limited and C Hotel Mezz Private Limited |
| 450 Lex Private Limited and C Hotel Mezz Private Limited |
| 1:2013cv02448 |
| April 12, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Crotty |
| Bankruptcy Appeal (801) |
| 28 U.S.C. ยง 0158 Notice of Appeal re Bankruptcy Matter (BA |
| None |
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Filing
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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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