IN RE PEABODY ENERGY CORP.

No. 18-1302.

933 F.3d 918 (2019)

IN RE: PEABODY ENERGY CORPORATION Debtor Ad Hoc Committee of Non-Consenting Creditors Appellant v. Peabody Energy Corporation; Citibank, N.A.; Aurelis Capital Management, LP; Elliott Management Corporation; South Dakota Investment Council; Panning Capital Management, LP; PointState Capital, LP; Contrarian Capital Management, LLC; Discovery Capital Management; South Dakota Retirement System; Wilmington Savings Fund Society, FSB; Official Committee of Unsecured Creditors of Peabody Energy Corporation Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 9, 2019.


Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Andrew M. Leblanc , of Washington, DC. The following attorney(s) appeared on the appellant brief; Jonathan D. Hacker , of Washington, DC., David M. Dare , of Saint Louis, MO., Gerard Uzzi , of New York, NY., Eric K. Stodola , of New York, NY., Alan J. Stone , of New York, NY., Andrew M. Leblanc , of Washington, DC.

Counsel who presented argument on behalf of the appellee Peabody Energy Corporation was Shay Dvoretzky, of Washington, DC. The following attorney(s) appeared on the appellee brief; Steven N. Cousins , of Saint Louis, MO., Shay Dvoretzky, of Washington, DC., Robert W. Hamilton , of Columbus, OH., Heather Lennox , of Cleveland, OH., John G. Willard , of Saint Louis, MO., Matthew Corcoran , of Columbus, OH., Benjamin M. Flowers , of Columbus, OH.

Counsel who presented argument on behalf of the appellees Official Committee of Unsecured Creditors of Peabody Energy Corporation was Lena H. Hughes, of New York, NY. The following attorney(s) appeared on the appellees brief; Joseph R. Palmore , of Washington, DC., Lorenzo Marinuzzi , of New York, NY, Ryan C. Hardy , of Saint Louis, MO., Daniel J. Harris , of New York, NY., Melissa A. Hager of New York, NY.

Before SHEPHERD, MELLOY, and GRASZ, Circuit Judges.


In April 2016, Peabody Energy Corporation and its affiliates (the "Debtors") filed a voluntary reorganization petition under Chapter 11 of the Bankruptcy Code. In March 2017, over the objection of the Ad Hoc Committee of Non-Consenting Creditors (the "Ad Hoc Committee"), the bankruptcy court confirmed a reorganization plan...

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