In re WESTERN PACIFIC AIRLINES, INC., a Delaware corporation, Debtor,
Boullioun Aircraft Holding Company, Inc.; Boullioun Portfolio Finance I, Inc., Appellants,
v.
Smith Management; Western Pacific Airlines, Inc., Official Committee of Unsecured Creditors; Jeffrey A. Weinman, Chapter 7 Bankruptcy Trustee, Appellees.
In re Western Pacific Airlines, Inc., a Delaware corporation Debtor,
Smith Management Company and Jeffrey A. Weinman, Chapter 7 Bankruptcy Trustee, Appellees,
v.
Aircorp, Inc. and Boullioun Aircraft Holding Company, Inc., Appellants,
Orix, Aircraft Financers, and Atlas Air, Inc., Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
July 7, 1999.
July 7, 1999.
Attorney(s) appearing for the Case
Susan M. Freeman of Lewis and Roca, LLP, Phoenix, Arizona (Daniel F. Warden, Bond & Morris, Denver, Colorado, with her on the briefs), for appellants Boullioun.
David T. Brennan of Otten, Johnson, Robinson, Neff & Ragonetti, P.C., Denver, Colorado (Stephen J. Shimshak, Paul, Weiss, Rifkind, Wharton & Garrison, New York, New York with him on the briefs), for appellee Smith Management Company.
Mark L. Fulford of Sherman & Howard, LLC, Denver, Colorado, for appellee Jeffrey A. Weinman, Chapter 7 Bankruptcy Trustee.
Paul D. Rubner of Rubner & Kutner, P.C., Denver, Colorado and William J. Rochelle, III, of Fulbright & Jaworski, LLP, New York, New York, filed amicus curiae briefs for Orix.
M.O. Sigal, Jr. and Jacob S. Pultman of Simpson Thacher & Bartlett, New York, New York, filed an amicus curiae brief for Aircraft Financers.
Kevin J. Burke, Marc J. Korpus, and James E. Rosenfeld of Cahill Gordon & Reindel, New York, New York, filed an amicus curiae brief for Atlas Air, Inc.
Before BRORBY, HOLLOWAY and LUCERO, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
LUCERO, Circuit Judge.
We consider whether an appeal by an aircraft lessor is moot if the lessor seeks modification of post-petition lenders' bargained-for collateral but has failed to seek a stay of the relevant post-petition financing order pursuant to 11 U.S.C. § 364(e). For the reasons set forth below, we conclude that these appeals are moot and dismiss. Solely because of case-specific, equitable considerations...
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