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IN RE SCOTIA PACIFIC CO., LLC

No. 07-40487.

508 F.3d 214 (2007)

In The Matter Of: SCOTIA PACIFIC COMPANY, LLC, Debtor. Ad Hoc Group of Timber Noteholders, Appellant, v. The Pacific Lumber Co.; Scotia Pacific Company, LLC, Appellees.

United States Court of Appeals, Fifth Circuit.

November 13, 2007.

Attorney(s) appearing for the Case

Evan D. Flaschen (argued), Kurt A. Mayr, Gregory W. Nye, Bracewell & Giuliani, Hartford, CT, John Philip Melko, Gardere Wynne Sewell, Houston TX, Marcus A. Helt, Gardere Wynne Sewell, Dallas, TX, for Appellant.

Nathaniel Peter Holzer, Shelby A. Jordan, Harlin C. Womble, Jr., Jordan, Hyden, Womble & Culbreth, Corpus Christi, TX, Gary M. Kaplan, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, CA, for The Pacific Lumber Co.

Kathryn A. Coleman (argued), Gibson, Dunn & Crutcher, New York City, John Francis Higgins, IV, James Matthew Vaughn, Porter Hedges, Houston, TX, Eric J. Fromme, GIbson, Dunn & Crutcher, LLP, Irvine, CA, for Scotia Pac. Lumber Co., LLC.

Before DAVIS, BARKSDALE and PRADO, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

This is an appeal from a bankruptcy court order which was certified to this Court pursuant to 28 U.S.C. § 158(d)(2). Appellant challenges the bankruptcy court's holding that Scotia Pacific Company LLC ("Scopac") was not a "single asset real estate" ("SARE") debtor under § 101(51B) of the Bankruptcy Code and was therefore not subject to expedited reorganization procedures set forth in § 362(d)(3) of the Code. We affirm...

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