National Heritage Foundation, Inc. v. Behrmann et al, No. 1:2012cv01329 - Document 25 (E.D. Va. 2013)
Court Description: MEMORANDUM OPINION re: 1 Notice of Appeal from Bankruptcy Court. Signed by District Judge Anthony J Trenga on 04/03/2013. (kbro)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division NATIONAL HERITAGE FOUNDATION INC., Appellant, No. l:12-cv-1329(AJT/JFA) v. JOHN BEHRMANN, et. al Appellees. MEMORANDUM OPINION National Heritage Foundation, Inc. (hereinafter "NHF" or "appellant") appeals the August 27,2012, decision of the United States Bankruptcy Court for the Eastern District of Virginia [Doc. No. 1]. In that decision the Bankruptcy Court held that certain non-debtor release provisions of NHF's Fourth Amended Plan of Reorganization (the "Reorganization Plan" or the "Plan") were not warranted and severed those provisions from the Reorganization Plan. On appeal, NHF raises three issues: 1. Whether, on remand, the Bankruptcy Court overstepped the Fourth Circuit's mandate; 2. Whether the Bankruptcy Court erroneously concluded that the rejected releases were not essential to NFH's reorganizations, and 3. Whether the Bankruptcy Court otherwise "misconstrued undisputed record evidence and otherwise misapplied the law in rejecting the Releases...." See Appellant Br. at 1. After reviewing the record, the Court finds and concludes that (1) the Bankruptcy Court did not exceed the mandate on remand; (2) the findings of fact that formed the factual basis for its decision were not clearly erroneous and are, in fact, fully supported by the record; and (3)
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