2nd Circ. Says It's Too Late To Revisit Windstream Vendor Pay
Law360 (February 19, 2021, 6:17 PM EST) -- The Second Circuit has ruled it's too late for a Windstream Holdings creditor to challenge a judge's approval of vendor payments in the cable provider's Chapter 11 case, saying revisiting the decision would put tens of millions of dollars in already-paid claims into question.
In an unpublished opinion Thursday, the panel found that waste management contractor GLM DFW Inc.'s argument the bankruptcy judge should have taken a much closer look at Windstream's request to make priority payments of more than $184 million in vendor claims was equitably moot, given that the company's bankruptcy plan was approved eight months ago.
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