IN RE ARCHDIOCESE OF ST. PAUL AND MINNEAPOLIS

No. 17-1079.

888 F.3d 944 (2018)

IN RE: The ARCHDIOCESE OF SAINT PAUL AND MINNEAPOLIS, Debtor. The Official Committee of Unsecured Creditors, Appellant v. The Archdiocese of Saint Paul and Minneapolis; The Catholic Community Foundation of Minnesota; Benilde-St. Margaret's School; DeLaSalle High School; Grace High School, doing business as Totino-Grace High School; The Parish Group; The Church of St. Patrick of Edina, Minnesota; The Official Committee of Parish Creditors; St. Dominic Catholic Church; St. Stephen's Catholic Church and School; Church of St. Thomas the Apostle; St. Ambrose of Woodbury; St. Bartholomew Catholic Faith Community; Church of St. Pius X; Christ The King Church; The Church of the Incarnation of Minneapolis; St. Vincent de Paul Catholic Church; The Church of the Epiphany; Immaculate Heart of Mary; St. Michael Catholic Church; Saint Peter Claver Church; The Church of Our Lady of Grace; The Catholic Cemeteries; The Church of St. Charles Borromeo of Minneapolis, MN; Catholic Finance Corporation; The Church of Saint Anne-Saint Joseph Hien; Faithful Shepherd Catholic School; The Guardian Angels Catholic Church of Oakdale, Minnesota; The Church of St. Joseph of Rosemount, Minnesota; The Church of St. Thomas Becket, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 26, 2018.


Attorney(s) appearing for the Case

Edwin H. Caldie , Robert T. Kugler , Brittany M. Michael , Stinson & Leonard, Minneapolis, MN, for Appellant.

Richard D. Anderson , Susan E. Gelinske , Benjamin Everett Gurstelle , Charles Bradley Rogers , Aaron Gilbert Thomas , Briggs & Morgan, Lauren E. Lonergan , Minneapolis, MN, for Appellee The Archdiocese of Saint Paul and Minneapolis.

Phillip L. Kunkel , Gray & Plant, Saint Cloud, MN, Nicholas Nathan Nierengarten , Gray & Plant, Minneapolis, MN, for Appellees The Catholic Community Foundation of Minnesota, Benilde-St. Margaret's School, Grace High School, doing business as Totino-Grace High School.

S. Steven Prince , S. Steven Prince, Minneapolis, MN, for Appellee DeLaSalle High School.

Mary Jo Anne Jensen-Carter , Buckley & Jensen, White Bear Lake, MN, for Appellee The Parish Group.

Paul Laurin Ratelle , Fabyanske & Westra, Minneapolis, MN, for Appellee The Church of St. Patrick of Edina, Minnesota.

Mychal A. Bruggeman , Tiede & Grabarski, White Bear Lake, MN, Nauni Manty, Dennis D. O'Brien , Jacqueline J. Williams , Manty & Associates, Minneapolis, MN, for Appellee The Official Committee of Parish Creditors.

Mark J. Kalla , Alyssa M. Troje , Lapp & Libra, Minneapolis, MN, for Appellee St. Dominic Catholic Church, St. Stephen's Catholic Church and School, Church of St. Thomas the Apostle, St. Ambrose of Woodbury, St. Bartholomew Catholic Faith Community, Church of St. Pius X, Christ The King Church, The Church of the Incarnation of Minneapolis, St. Vincent de Paul Catholic Church, The Church of the Epiphany, Immaculate Heart of Mary, St. Michael Catholic Church, Saint Peter Claver Church.

Adam C. Ballinger , James A. Lodoen , Ballard & Spahr, Minneapolis, MN, for Appellee The Church of Our Lady of Grace.

John A. Hedback , Steven B. Nosek, P.A., Saint Anthony, MN, for Appellee The Catholic Cemeteries.

Andrew T. Breyer , Thomas Breyer , Foster & Breyer, Saint Anthony, MN, for Appellee The Church of St. Charles Borromeo of Minneapolis, MN.

Michael Joseph Iannacone, III , Iannacone Law Office, Saint Anthony, MN, for Appellee Catholic Finance Corporation, Faithful Shepherd Catholic School, The Guardian Angels Catholic Church of Oakdale, Minnesota, The Church of St. Joseph of Rosemount, Minnesota, The Church of St. Thomas Becket.

Cameron Alexander Lallier , Foley & Mansfield, Minneapolis, MN, for Appellee The Church of Saint Anne-Saint Joseph Hien.

Heidi A.O. Fisher , Steven W. Meyer , Fox & Rothschild, Minneapolis, MN, for Amicus on Behalf of Appellee(s) Council on Foundations, Inc.

Before WOLLMAN, LOKEN, and MELLOY, Circuit Judges.


The Official Committee of Unsecured Creditors (the "Committee") appeals the district court's1 affirmance of the bankruptcy court's2 decision to deny the Committee's motion for substantive consolidation of the Archdiocese of Saint Paul and Minneapolis (the "Archdiocese...

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