IN RE DELTA AIR LINES, INC.

Docket Nos. 08-5002-bk, 08-5230-bk, 08-5236-bk.

608 F.3d 139 (2010)

In re DELTA AIR LINES, INC., Debtor. The Northwestern Mutual Life Insurance Company, Appellant, v. Delta Air Lines, Inc., Bank of New York, as Indenture Trustee and Pass Through Trustee, and Bank of America, N.A., Appellees. DFO Partnership, Appellant, v. Delta Air Lines, Inc., and Strategic Value Partners, LLC, Appellees, Wilmington Trust Company, as Owner Trustee, and Cargill Financial Services International, Inc., Interested-Parties Appellees. AT & T Credit Holdings, Inc., Appellant, v. Delta Air Lines, Inc., and Bank of America, N.A., Appellees, Bank of New York, as Indenture Trustee, Interested-Party Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 22, 2010.


Attorney(s) appearing for the Case

Lisa Hill Fenning, Arnold & Porter LLP, Los Angeles, CA, for Appellant The Northwestern Mutual Life Insurance Company.

Richard G. Smolev, Kaye Scholer LLP, New York, N.Y. (Piper A. Brock, on the brief), for Appellants DFO Partnership and AT & T Credit Holdings, Inc.

Stephen Sanders, Mayer Brown LLP, Chicago, IL, and Andrew H. Schapiro, David F. Abbott, and John M. Conlon, Mayer Brown LLP, New York, NY, for Amicus Curiae General Foods Credit Corporation in Support of Reversal.

Lawrence M. Handelsman, Stroock & Stroock & Lavan LLP, New York, N.Y. (Kristopher M. Hansen and Jayme T. Goldstein, Stroock & Stroock & Lavan LLP, New York, NY, and Michael E. Wiles and Jessica R. Simonoff, Debevoise & Plimpton, LLP, New York, NY, on the brief), for Appellee Delta Air Lines, Inc.

Leo T. Crowley, Pillsbury Winthrop Shaw Pittman LLP, New York, N.Y. (Eric Fishman and Margot P. Erlich, on the brief), for Appellee the Bank of New York Mellon, f/k/a the Bank of New York, as Indenture Trustee and Pass Through Trustee.

Michael J. Edelman, Vedder Price, P.C., New York, N.Y. (Douglas J. Lipke, on the brief), for Appellees Bank of America, N.A., and Strategic Value Partners, LLC.

Mark M. Elliott, Bingham McCutchen LLP, New York, N.Y. (Michael J. Reilly and Joshua Dorchak, on the brief), for Interested-Party Appellees Wilmington Trust Company, as Owner Trustee, Cargill Financial Services International, Inc., Bank of New York, as Indenture Trustee, and The Bank of New York Mellon.

Before LEVAL, RAGGI, and LIVINGSTON, Circuit Judges.


LEVAL, Circuit Judge.

Northwestern Mutual Life Insurance Company, Inc. ("Northwestern"), DFO Partnership ("DFO"), and AT & T Credit Holdings ("AT & T") (collectively, the "Appellants" or "Claimants"), who are claimants in the bankruptcy proceedings of Delta Air Lines, Inc. ("Delta"), appeal from a ruling of the United States District Court for the Southern District of New York (Berman, J.) affirming final orders of the United States Bankruptcy Court...

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