X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

ADDITIONAL CASES GLM DFW, Inc., Appellant, v. Windstream Holdings Inc., et al., Appellees OPINION AND ORDER   Before the Court is the appeal of Appellant GLM DFW, Inc. (“GLM”) from the Bankruptcy Court’s April 22, 2019 Final Order Authorizing the Debtors to Pay Certain Prepetition Claims of (I) Critical Vendors, (II) Lien Claimants, and (III) Section 503(b)(9) Claimants in the Ordinary Course of Business on a Postpetition Basis, (Bankr. Doc. 377 (“Final Order”)).1 For the following reasons, the Bankruptcy Court’s order is AFFIRMED. I. BACKGROUND Debtors-Appellees Windstream Holdings, Inc., et al. (“Debtors”) are providers of “advanced network communications and technology solutions for businesses across the United States”; “offer broadband, entertainment and security solutions to consumers and small businesses primarily in rural areas in 18 states”; and “supply core transport solutions on a local and long-haul fiber network spanning approximately 150,000 miles.” (Bankr. Doc. 2 5.) GLM “provided waste management, hauling, and recycling brokerage and advisory services” to Debtors, and is a prepetition creditor of Debtors “with an unsecured claim for almost $2 million.” (Doc. 8 (“GLM’s Mem.”) at 5.) GLM provided services to Debtors “pursuant to an executory contract under which it would have been obligated to continue to perform [after Debtors' bankruptcy filing] pending the Debtors’ decision to assume or reject (or GLM’s obtaining relief from the Bankruptcy Court).” (Doc. 9 (“Debtors’ Mem.”) at 2.) On February 25, 2019, Debtors filed voluntary petitions for relief under chapter 11 of the U.S. Bankruptcy Code (the “Bankruptcy Code” or the “Code”). (Bankr. Doc. 1.) After filing their petitions, Debtors “continue[d] to operate their business and manage their property as debtors in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code.” (Bankr. Doc. 2 7.) The same day that Debtors filed their Chapter 11 petitions, they filed a motion for “Entry of Interim and Final Orders Authorizing the Debtors to Pay Certain Prepetition Claims of (I) Critical Vendors, (II) Lien Claimants, and (III) Section 503(b)(9) Claimants in the Ordinary Course of Business on a Postpetition Basis.” (Bankr. Doc. 16 (“Vendor Motion”).) In their motion, Debtors noted that they “identified approximately 263 vendors as Critical Vendors” and “believe[d] they owed the Critical Vendors approximately $80 million,” which was approximately twenty percent of Debtors’ outstanding accounts payable. (Id.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›