IN RE BGI, INC.

Docket Nos. 13-2226-bk, 13-2288-bk, 13-2300-bk.

772 F.3d 102 (2014)

In re BGI, INC. f/k/a Borders Group, Inc., Debtor. Eric Beeman, Jane Freij, and Robert Traktman, Appellants, v. BGI Creditors' Liquidating Trust, Curtis R. Smith, in his capacity as the Liquidating Trustee, Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 29, 2014.


Attorney(s) appearing for the Case

Clinton A. Krislov ( Kenneth T. Goldstein , on the brief), Krislov & Associates, Ltd., Chicago, IL, and Jay Teitelbaum , Teitelbaum & Baskin, LLP, White Plains, NY, for Appellants.

Bruce D. Buechler ( Andrew D. Behlmann , on the brief), Lowenstein Sandler LLP, Roseland, NJ, for Appellees.

Before: KEARSE, STRAUB, and CARNEY, Circuit Judges.


SUSAN L. CARNEY, Circuit Judge:

In these appeals that were consolidated for argument, holders of unredeemed consumer gift cards issued by the former book retailer BGI Inc., f/k/a Borders Group, Inc. and its affiliates ("Borders" or "Debtors") seek to vacate a May 28, 2013 judgment of the District Court (Andrew L. Carter, Jr., Judge) dismissing as equitably moot Appellants' challenges to three Bankruptcy Court orders.

In the three challenged orders,...

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