794 Fed.Appx. 136 (2nd Cir. 2020), 19-1160, In re Westinghouse Electric Company, LLC

Docket Nº:19-1160
Citation:794 Fed.Appx. 136
Party Name:IN RE: WESTINGHOUSE ELECTRIC COMPANY, LLC, Debtor. v. W Wind Down Co LLC, Debtor-Appellee. Richard Lightsey, Jessica Cook, Appellants,
Attorney:For Appellants: Daniel Scott Maland (David L. Rosendorf, on the brief), Kozyak Tropin & Throckmorton LLP, Coral Gables, FL. Daniel A. Speights, A. Gibson Solomons, Speights & Solomons, Hampton, S.C. (on the brief). Terry E. Richardson, Daniel S. Haltiwanger, Richardson, Patrick Westbrook & Brickm...
Judge Panel:Present: ROSEMARY S. POOLER, GERARD E. LYNCH, Circuit Judges. JESSE M. FURMAN, District Judge.
Case Date:February 24, 2020
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit

Page 136

794 Fed.Appx. 136 (2nd Cir. 2020)

IN RE: WESTINGHOUSE ELECTRIC COMPANY, LLC, Debtor.

Richard Lightsey, Jessica Cook, Appellants,

v.

W Wind Down Co LLC, Debtor-Appellee.

No. 19-1160

United States Court of Appeals, Second Circuit

February 24, 2020

Editorial Note:

This case was not selected for publication in the Federal Reporter and Not to be Cited as Precedent. (See Federal Rule of Appellate Procedure Rule 32.1)

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION “SUMMARY ORDER”). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

Appeal from the United States District Court for the Southern District of New York (Nathan, J. ).

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the order of said District Court be and it hereby is AFFIRMED.

For Appellants: Daniel Scott Maland (David L. Rosendorf, on the brief), Kozyak Tropin & Throckmorton LLP, Coral Gables, FL.

Daniel A. Speights, A. Gibson Solomons, Speights & Solomons, Hampton, S.C. (on the brief).

Terry E. Richardson, Daniel S. Haltiwanger, Richardson, Patrick Westbrook & Brickman, L.L.C., Barnwell, S.C. (on the brief).

J. Preston Strom, Jr., Strom Law Firm, L.L.C., Columbia, S.C. (on the brief).

For Debtor-Appellee: Robert Berezin (Gary Holtzer, Edward Soto, on the brief), Weil, Gotshal & Manges LLP, New York, N.Y.

Present: ROSEMARY S. POOLER, GERARD E. LYNCH, Circuit Judges. JESSE M. FURMAN, District Judge.1

SUMMARY ORDER

Appellants Richard Lightsey and Jessica Cook appeal from the March 27, 2019 opinion and order of the United States District Court for the Southern District of New York (Nathan, J. ), affirming the February 1, 2018 order of the United States Bankruptcy Court for the Southern District of New York (Wiles, J. ) denying their motion for relief from an automatic stay. We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

"On appeal from the district court’s review of a bankruptcy court decision, we review the bankruptcy court decision independently, accepting its factual findings unless clearly erroneous but reviewing its conclusions of law de novo ." In re Baker, 604 F.3d 727, 729 (2d Cir. 2010) (internal quotation...

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