context: The issue originally arose in TIGLP's involuntary bankruptcy case wherein TAR asserts it purchased all of TIGLP's assets from the Trustee, including all of the Moving Limited Partners' individual rights, interests, or claims under the EPA. In the two opinions discussed above, the B.A.P. indicated, inter alia, that Judge Campbell had not ruled on the Moving Limited Partners' third-party beneficiary status nor whether the Sale Order was free and clear of the Moving Limited Partners' alleged equitable hen.
citation_a.signal: see
citation_a.identifier: 364 B.R. 394, 394-95
citation_a.parenthetical: "[t]he Sale Order does not address nor does it purport to convey to TAR the Limited Partners' personal action to foreclose their alleged equitable hen on the Ballard House project."
citation_a.sentence: See Telluride 1, 364 B.R. at 394-95 (“[t]he Sale Order does not address nor does it purport to convey to TAR the Limited Partners’ personal action to foreclose their alleged equitable hen on the Ballard House project.”); see also Telluride 2, 364 B.R. at 417-18 (“[t]he bankruptcy court clearly did not intend to rule on the viability of the Limited Partners’ asserted third party beneficiary status ... the bankruptcy court stated that it had no intention of ruling or approving the sale of any alleged third party beneficiary nonder-ivative claims.”).
citation_b.signal: see also
citation_b.identifier: 364 B.R. 417, 417-18
citation_b.parenthetical: "[t]he bankruptcy court clearly did not intend to rule on the viability of the Limited Partners' asserted third party beneficiary status ... the bankruptcy court stated that it had no intention of ruling or approving the sale of any alleged third party beneficiary nonder-ivative claims."
citation_b.sentence: See Telluride 1, 364 B.R. at 394-95 (“[t]he Sale Order does not address nor does it purport to convey to TAR the Limited Partners’ personal action to foreclose their alleged equitable hen on the Ballard House project.”); see also Telluride 2, 364 B.R. at 417-18 (“[t]he bankruptcy court clearly did not intend to rule on the viability of the Limited Partners’ asserted third party beneficiary status ... the bankruptcy court stated that it had no intention of ruling or approving the sale of any alleged third party beneficiary nonder-ivative claims.”).