Statek Corp. v. Development Specialists, Inc.

Statek appealed the district court's affirmance of the bankruptcy court's order, on remand, denying reconsideration. In denying Statekʹs latest motions for reconsideration, the bankruptcy courtʹs decisions relied on a prior alternative holding - that Statekʹs argument was a ʺnew argumentʺ not proper for a motion for reconsideration - which this Court did not explicitly address in Coudert I.  In Coudert I, the court instructed the bankruptcy court ʺto apply Connecticutʹs choice of law rules in deciding Statekʹs motion to reconsider.ʺ The bankruptcy court did not follow that instruction, as the Connecticut choice‐of‐law rules did not bear on the bankruptcy courtʹs ultimate decision. Instead, the bankruptcy court ordered further briefing on whether it could adhere to its prior alternative holding that Statekʹs argument was a new argument not available on reconsideration. Because the bankruptcy court's decisions do not comply with the court's mandate in Coudert I, the court reversed and remanded with further instructions. View "Statek Corp. v. Development Specialists, Inc." on Justia Law