In re DBSD NORTH AMERICA, Incorporated, Debtor.
DISH Network Corporation, Creditor-Appellant,
v.
DBSD North America, Incorporated, Debtor-Appellee,
Ad Hoc Committee of Senior Noteholders, Official Committee of Unsecured Creditors, Creditors-Appellees.
Sprint Nextel Corporation, Appellant,
v.
DBSD North America, Inc., Ad Hoc Committee of Senior Noteholders, Official Committee of Unsecured Creditors, Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Dennis F. Dunne ( Risa M. Rosenberg , on the brief), Milbank, Tweed, Hadley & McCloy LLP, New York, NY, Andrew M. LeBlanc , on the brief, Milbank, Tweed, Hadley & McCloy LLP, Washington, DC, for Creditor-Appellee Ad Hoc Committee of Senior Noteholders.
Evan M. Jones , O'Melveny & Myers LLP, Los Angeles, CA, Jennifer M. Taylor , on the brief, O'Melveny & Myers LLP, San Francisco, CA, Elliot Ganz , on the brief, Loan Syndications and Trading Association, New York, NY, for Amicus Curiae Loan Syndications and Trading Association.
Judge POOLER concurs in part and dissents in part in a separate opinion.
United States Court of Appeals, Second Circuit.
GERARD E. LYNCH, Circuit Judge:
These consolidated appeals arise out of the bankruptcy of DBSD North America, Incorporated and its various subsidiaries (together, "DBSD"). The bankruptcy court confirmed a plan of reorganization for DBSD over the objections of the two appellants here, Sprint Nextel Corporation ("Sprint") and DISH Network Corporation ("DISH").
Before us, Sprint argues that the plan improperly gave shares and warrants to DBSD's owner—whose...
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