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condoe3

02/24/17 11:31 AM

#1841 RE: wellitmaybeton #1840

If you read the Unsecure Creditor Objection to The Bankruptcy Plan, you will see were it says the reorganized Fibertower has the rights to the terminated 692 licenses, their is plenty of room to fight this aspect of the bankruptcy given that AT&T wants the licenses.

http://docs.bmcgroup.com/fibertower/docs/txnb_4-12-bk-44027_1033.pdf

The Equitable Mootness Doctrine

The Ninth Circuit has developed four factors to determine whether an appeal is equitably moot. They are: (1) whether the appealing party sought a stay of the confirmation order; (2) whether the plan has been substantially consummated; (3) whether the remedy sought will affect third parties unfairly; (4) whether the court can fashion effective and equitable relief without significantly upsetting the confirmed plan. See In re Thorpe Insulation Co., 677 F.3d 869, 881 (9th Cir. 2012

Because the 3 parts do not hinder the current post bankruptcy Fibertower operations, the court could reopen the Fibertower confirmed bankruptcy plan