IN RE SUBMICRON SYSTEMS CORP.

No. 03-2102.

432 F.3d 448 (2006)

In re: SUBMICRON SYSTEMS CORPORATION, et al, Debtors Howard S. Cohen, as Plan Administrator for the Estates of SubMicron Systems Corporation, SubMicron Systems Inc., SubMicron Wet Process Stations Inc. and SubMicron Systems Holdings I Inc., Appellants v. KB Mezzanine Fund II, LP; Equinox Investment Partners, LLC; and Celerity Silicon, LLC.

United States Court of Appeals, Third Circuit.

January 6, 2006.


Attorney(s) appearing for the Case

Rona J. Rosen, Klehr, Harrison, Harvey, Branzburg & Ellers, Philadelphia, PA, Joanne B. Wills, (Argued), Klehr, Harrison, Harvey, Branzburg & Ellers, Wilmington, DE, for Appellant.

Laura D. Jones, Pachulski, Stang, Ziehl, Young, Jones & Weintraub, Wilmington, DE, Peter J. Korneffel, Jr., Brownstein, Hyatt & Farber, Denver, CO, Robert A. Klyman, (Argued), David D. Johnson, Latham & Watkins LLP, Los Angeles, CA, for Appellees.

Before SCIRICA, Chief Judge, ALITO and AMBRO, Circuit Judges.


OPINION OF THE COURT

AMBRO, Circuit Judge.

Appellant Howard S. Cohen ("Cohen"), as Plan Administrator for the bankruptcy estates of SubMicron Systems Corporation, SubMicron Systems, Inc., SubMicron Wet Process Stations, Inc. and SubMicron Systems Holdings I, Inc. (jointly and severally, "SubMicron"), challenges the sale to an entity created by Sunrise Capital Partners, LP ("Sunrise") of SubMicron's assets under 11 U.S.C. § 363(b), which authorizes court...

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