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IN RE OFFICIAL COMMITTEE OF UNSECURED

No. 05-1930.

453 F.3d 225 (2006)

In re OFFICIAL COMMITTEE OF UNSECURED Creditors FOR DORNIER AVIATION (NORTH AMERICA), INCORPORATED; Fairchild Dornier GMBH, Debtors. Fairchild Dornier GMBH; Doctor Eberhard Braun, Debtors-Appellants, v. The Official Committee of Unsecured Creditors (The Plan Monitoring Committee), Creditor-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 27, 2006.

Attorney(s) appearing for the Case

ARGUED: Ronald Barliant, Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd., Chicago, Illinois, for Appellants. James Paul Campbell, Campbell, Miller & Zimmerman, P.C., Leesburg, Virginia, for Appellee. ON BRIEF: Matthew A.C. Zapf, David E. Morrison, Goldberg, Kohn, Bell, Black, Rosenbloom & Moritz, Ltd., Chicago, Illinois; Benjamin C. Ackerly, Sr., Hunton & Williams, Richmond, Virginia; Linda Lemmon Najjoum, Hunton & Williams, McLean, Virginia, for Appellants.

Before WILKINS, Chief Judge, and MOTZ and KING, Circuit Judges.

Affirmed by published opinion. Judge MOTZ wrote the opinion, in which Chief Judge WILKINS and Judge KING joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

At the urging of unsecured creditors, the bankruptcy court recharacterized a parent corporation's sale of parts to one of its subsidiaries as an equity contribution rather than a debt. The parent corporation appeals the district court's affirmance of the bankruptcy court's judgment. We affirm...

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