In the Matter of: SCOPAC; Scotia Development LLC; Salmon Creek LLC; Scotia Inn, Inc.; Britt Lumber Company, Inc.; The Pacific Lumber Company; Steve Wills Trucking and Logging LLC, Debtors.
Bank of New York Trust Company NA, as Indenture trustee for the Timber Notes ("Indenture Trustee"); CSG Investments, Inc.; Angelo, Gordon & Company L.P.; Aurelius Capital Management, L.P.; Davidson Kempner Capital Management LLC; Scotia Redwood Foundation, Inc., Appellants,
v.
Pacific Lumber Company; Scotia Pacific LLC; Marathon Structured Finance Fund LP; Mendocino Redwood Company LLC; Committee of Unsecured Creditors; Bank of America, Appellees.
Angelo, Gordon & Co. LP; Aurelius Capital Management LP; Davidson Kempner Capital Management LLC, Appellants,
v.
Marathon Structured Finance Fund LP; Mendocino Redwood Company LLC; Committee of Unsecured Creditors; Bank of America; Scotia Pacific LLC; Pacific Lumber Company, Appellees.
CSG Investments, Inc., Appellant,
v.
Scotia Pacific LLC; Pacific Lumber Company, Appellees.
Scotia Redwood Foundation, Inc., Appellant,
v.
Scotia Pacific LLC; Pacific Lumber Company, Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Maxim Boris Litvak , Pachulski, Stang, Ziehl & Jones, L.L.P., San Francisco, CA, for Committee of Unsecured Creditors.
Evan M. Jones , O'Melveny & Myers, L.L.P., Los Angeles, CA, for Bank of America.
Before JONES, Chief Judge, PRADO, Circuit Judge, and OZERDEN, District Judge.
United States Court of Appeals, Fifth Circuit.
EDITH H. JONES, Chief Judge:
This appeal involves a dispute over compensation for diminution in the value of collateral during the pendency of a Chapter 11 bankruptcy. The appellants, holders of notes secured by the timber and non-timber assets of the Scotia Pacific Co., LLC ("Scopac"), seek review of the district court's dismissal of their appeal for lack of subject matter jurisdiction and contend that the bankruptcy court erred in denying their "superpriority" administrative...
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