IN RE TRIBUNE CO.

No. 18-2909.

972 F.3d 228 (2020)

IN RE: TRIBUNE COMPANY, et al., Debtors v. Delaware Trust Company, as successor indenture trustee for certain series of Senior Notes and Deutsche Bank Trust Company Americas, solely in its capacity as successor Indenture Trustee for certain series of Senior Notes, Appellants.

United States Court of Appeals, Third Circuit.

Opinion filed: August 26, 2020.


Attorney(s) appearing for the Case

Roy T. Englert, Jr. (Argued), Matthew M. Madden , Mark T. Stancil , Robbins Russell Englert Orseck Untereiner & Sauber, 2000 K Street, N.W., 4th Floor, Washington, DC 20006, Counsel for Appellant Delaware Trust Company.

David J. Adler , McCarter & English, 825 Eighth Avenue, Worldwide Plaza, 31st Floor, New York, NY 10019, Counsel for Appellant Deutsche Bank Trust Co Americas, as Successor Indenture Trustee.

Kenneth P. Kansa , Sidley Austin, One South Dearborn Street, Chicago, IL 60603, James O. Johnston (Argued), Jones Day, 555 South Flower Street, 50th Floor, Los Angeles, CA 90071, J. Kate Stickles , Cole Schotz, 500 Delaware Avenue, Suite 1410, Wilmington, DE 19801, Counsel for Appellee Tribune Co.

Adam Hiller , Hiller & Arban, 1500 North French Street, 2nd Floor, Wilmington, DE 19801, Jay Teitelbaum (Argued), Teitelbaum Law Group, 1 Barker Avenue, Third Floor, White Plains, NY 10601, Counsel for Appellee TM Retirees.

Before: AMBRO, KRAUSE, and BIBAS, Circuit Judges.


OPINION OF THE COURT

Many of the contentious battles in bankruptcy involve the allocation of distributions among similarly situated creditors. We have such a battle here, where certain creditors of the Tribune Company, called the "Senior Noteholders," claim Tribune's plan of reorganization (the "Plan") misapplies...

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