NORDHOFF INVESTMENTS v. ZENITH ELECTRONICS CORP.

Nos. 00-2250, 00-2249.

258 F.3d 180 (2001)

NORDHOFF INVESTMENTS, INC., v. ZENITH ELECTRONICS CORPORATION, John D. McLaughlin, Jr., Esq., Trustee. (D.C. No. 99-cv-00921) Official Committee/Equity Security Holders, v. Zenith Electronics Corporation, Patricia A. Staiano, Trustee. (D.C. No. 00-cv-00031) Nordhoff Investments, Inc., v. Zenith Electronics Corporation, Patricia A. Staino, Trustee. (D.C. No. 00-cv-00032) Official Committee/Equity Security Holders, Appellant at No. 00-2249. Nordhoff Investments, Inc., Appellant at No. 00-2250.

United States Court of Appeals, Third Circuit.

Filed June 21, 2001.


Attorney(s) appearing for the Case

Arnold S. Albert, Esq. (Argued), Albert & Schulwolf, 1201 Connecticut Avenue, N.W. Suite 850 Washington, DC 20036.

Thomas G. Macauley, Esq. Zuckerman, Spaeder, Goldstein, Taylor & Kolker, 1201 Orange Street Suite 650, P.O. Box 1028 Wilmington, DE, 19899, Counsel for Nordhoff Investments, Inc., Appellant at No. 00-2250.

Thomas D. Schneider, Esq. Suite 616 1515 Market Street Philadelphia, PA, 19102, Counsel for Official Committee of Equity Security Holders, Appellant at No. 00-2249.

James H.M. Sprayregen, Esq. Ilana S. Rubel, Esq. David J. Zott, Esq. (Argued), Kirkland & Ellis 200 East Randolph Drive Suite 6500 Chicago, IL, 60601 Laura D. Jones, Esq. Pachulski, Stang, Ziehl, Young & Jones 919 North Market Street P.O. Box 8705, 16th Floor Wilmington, DE 19899

Eric S. Kurtzman, Esq. Pachulski, Stang, Ziehl, Young & Jones 10100 Santa Monica Boulevard Suite 1100 Los Angeles, CA 90067, Counsel for Appellee Zenith Electronics Corporation.

BEFORE: NYGAARD, ALITO, and FUENTES, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge:

This case presents the consolidated challenges by Nordhoff Investments and the Official Committee of Equity Holders to the District Court's order approving the Bankruptcy Court's order confirming Zenith's bankruptcy and restructuring plan. Zenith argues, as it did below, that the challenges posed to its restructuring plan are "equitably moot" because the plan has already been substantially consummated, has been...

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