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ABENGOA BIOENERGY BIOMASS OF KANSAS, LLC

Nos. 18-3120 and 18-3128.

958 F.3d 949 (2020)

ABENGOA BIOENERGY BIOMASS OF KANSAS, LLC, Debtor. Drivetrain, LLC, as Liquidating Trustee for Abengoa Bioenergy US Holding, LLC, Appellant, v. Mark D. Kozel, as Liquidating Trustee of the ABBK Liquidating Trust, Appellee.

United States Court of Appeals, Tenth Circuit.

FILED May 5, 2020.

Attorney(s) appearing for the Case

David Dunn ( Ronald J. Silverman , Hogan Lovells US LLP, New York, New York, and Mark V. Bossi , Thompson Coburn LLP, St. Louis, Missouri, with him on the briefs), Hogan Lovells US LLP, New York, New York, for Appellant.

Michael A. VanNiel ( Kelly S. Burgan and Adam L. Fletcher with him on the brief), Baker & Hostetler LLP, Cleveland, Ohio, for Appellee.

Before TYMKOVICH, Chief Judge, BALDOCK, and HOLMES, Circuit Judges.

This consolidated bankruptcy appeal arises from transactions related to the construction of an ethanol conversion facility in Hugoton, Kansas. Debtor Abengoa Bioenergy Biomass of Kansas (ABBK), an American subsidiary of the Spanish engineering conglomerate, Abengoa, S.A., financed the construction and operation of this facility...

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