Opinion
23-90611 Adversary 23-3091
01-14-2024
IN RE: WESCO AIRCRAFT HOLDINGS, INC., et al., Debtors. v. SSD INVESTMENTS LTD., et al., Defendants. WESCO AIRCRAFT HOLDINGS, INC., et al.,
CHAPTER 11
ORDER ON MOTIONS FOR SUMMARY JUDGMENT
Marvin Isgur, United States Bankruptcy Judge.
Pursuant to the memorandum opinion issued on this date, the Court orders the following:
Trial will begin solely on the issue of Langur Maize's Article III standing to assert claims against entities not covered by New York General Obligations Law § 13-107. The Court will issue a bench ruling on this issue before proceeding on the remaining issues.
If witness availability issues preclude the ability to proceed as set forth in the preceding paragraph, then the Court will commence the trial on all issues.
These claims are dismissed:
2024/2026 Noteholders First Amended Counterclaims
Count
Description
Claim Against
Two
Breach of Contract- Breach of § 9.02 of the Original Secured Note Indenture
Wilmington Savings Fund Society, FSB
Three
Breach of Implied Covenant of Good Faith and Fair Dealing
All parties
Four
Equitable Lien
All parties
Five
Equitable Subordination
All parties
Seven
Conversion
All parties
Langur Maize Crossclaims, Third-Party Claims and Counterclaim
Count
Description
Claim Against
Three
Breach of § 9.02(10) of the Indenture and § 4 of the 2027 Notes
Wilmington Savings Fund Society, FSB
Five
Unjust Enrichment
All parties
Six
Breach of Implied Covenant of Good Faith and Fair Dealing
All parties
Declaratory judgment for the following claims is granted:
2024/2026 Holders First Amended Counterclaims
Count
Description
One
The 2024/2026 Holders' have standing.
All other relief is denied.