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In re Mountain Glacier LLC

United States Court of Appeals, Sixth Circuit

December 11, 2017

In re: Mountain Glacier LLC, Debtor.
v.
Mountain Glacier LLC, Appellee. Nestlé Waters North America, Inc., Appellant,

          Argued: December 5, 2017

         Appeal from the United States District Court for the Middle District of Tennessee at Nashville. No. 3:17-cv-00154-Aleta Arthur Trauger, District Judge.

         United States Bankruptcy Court for the Middle District of Tennessee at Nashville. No. 15-03817; Adv. Pro. No. 3:16-ap-90113-Charles M. Walker, Judge.

         ARGUED:

          Deborah T. Kovsky-Apap, PEPPER HAMILTON LLP, Southfield, Michigan, for Appellant.

          William L. Norton III, BRADLEY ARANT BOULT CUMMINGS LLP, Nashville, Tennessee, for Appellee.

         ON BRIEF:

          Deborah T. Kovsky-Apap, Robert S. Hertzberg, PEPPER HAMILTON LLP, Southfield, Michigan, for Appellant.

          William L. Norton III, BRADLEY ARANT BOULT CUMMINGS LLP, Nashville, Tennessee, for Appellee.

          Before: SILER, KETHLEDGE, and THAPAR, Circuit Judges.

          OPINION

          THAPAR, CIRCUIT JUDGE.

         Sometimes bankrupt debtors want to hold on to legal claims that pre-date their bankruptcies. They are allowed to do so-but only if they reserve those claims in their reorganization plans. The question in this appeal is exactly what a debtor needs to say about a claim to preserve it for later.

         I.

         The facts are undisputed. Mountain Glacier and Nestlé Waters were in the middle of an arbitration when Mountain Glacier filed for bankruptcy. The bankruptcy automatically stayed the companies' arbitration. See 11 U.S.C. ยง 362(a)(1). And it remained stayed until the bankruptcy court ...


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