9th Circ. Judge Asks Litigants, 'What's Left To Fight Over?'

Law360 (June 17, 2019, 10:55 PM EDT) -- A Ninth Circuit judge on Monday questioned the purpose of the latest in a string of appeals filed by the co-founder of a Big Sky, Montana, ski resort in a decadelong bankruptcy proceeding, repeatedly asking both sides, "What's left there to be fighting over?"

During a hearing in San Francisco, U.S. Circuit Judge Marsha S. Berzon said she agreed with Credit Suisse that its exculpation provision in Yellowstone Mountain Club LLC's bankruptcy reorganization plan seems to be "very limited." She also said it's "very hard to believe" that the resort's co-founder, real estate mogul Timothy Blixseth, could litigate anything else that...

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