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MATTER OF BOUCHARD TRANSPORTATION COMPANY, INC.

No. 22-20321.

74 F.4th 743 (2023)

In the MATTER OF BOUCHARD TRANSPORTATION COMPANY, INCORPORATED, Debtor. The Official Committee of Unsecured Creditors, Appellant, v. Bouchard Transportation Company, Incorporated; Hartree Partners, L.P., Appellees.

United States Court of Appeals, Fifth Circuit.

FILED July 25, 2023.

Attorney(s) appearing for the Case

Gregg M. Galardi (argued), Daniel G. Egan , Ropes & Gray, L.L.P., New York, NY, for Appellant.

William Clareman , Andrew James Ehrlich , Maia Usui , Paul, Weiss, Rifkind, Wharton & Garrison, L.L.P., New York, NY, Benjamin W. Kadden , Coleman Torrans , Lugenbuhl, Wheaton, Peck, Rankin & Hubbard, New Orleans, LA, for Appellee Hartree Partners, L.P.

George W. Hicks, Jr. (argued), Kirkland & Ellis, L.L.P., Washington, DC, for Appellee Bouchard Transportation Company, Incorporated.

Before Higginbotham, Smith, and Engelhardt, Circuit Judges.

Bouchard Transportation Company and its affiliates (collectively "Bouchard")—debtors in bankruptcy—prepared to sell some of their assets at an auction. Fearing the auction would go poorly, Bouchard solicited a "stalking horse bidder" to start the auction and set a floor price. In exchange, Bouchard agreed...

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