360Networks (USA) Inc. v. Peyton

U.S. Court of Appeals for the Fourth Circuit
360Networks (USA) Inc. v. Peyton, 177 F. App'x 299 (4th Cir. 2006)

360Networks (USA) Inc. v. Peyton

Opinion

PER CURIAM:

360networks (USA) Incorporated (“360networks”) appeals the order of the district court affirming an order entered by the United States Bankruptcy Court for the Eastern District of Virginia on January 21, 2004, and amended on March 4, 2004. Together, those orders granted the Chapter 7 Trustee’s Motion to Sell Assets Free and Clear of Liens (“Sale Motion”) under Section 363 of the Bankruptcy Code. The district court order also affirmed the bankruptcy court’s denial of 360networks’ motion in limine which sought to limit the grounds on which the Trustee could challenge amounts due 360networks.

We review the judgment of the district court sitting in review of the bankruptcy court de novo. We, therefore, apply the same standard of review as that applied to the bankruptcy court’s orders by the dis *300 trict court. In re Merry-Go-Round Enters., 400 F.3d 219, 224 (4th Cir. 2005). The findings of fact of the bankruptcy court and supplemental findings by the district court * are reviewed for clear error, and their conclusions of law are reviewed de novo. Id. With these standards in mind, we affirm the decision below on the reasoning of the district court. 360networks (USA) Inc. v. Peyton, et al., No. 1:04-cv-567-LMB-TCB (January 19, 2005).

AFFIRMED.

*

The district court made findings of fact relating to 360networks’ motion in limine.

Reference

Full Case Name
In Re: PATHNET OPERATING, INCORPORATED, Debtor. 360Networks (USA) Incorporated, Creditor—Appellant, v. Gordon P. Peyton, Chapter 7 Trustee, Trustee—Appellee, Nortel Networks, Incorporated; Cisco Systems Capital Corporation, Creditors—Appellees
Status
Unpublished