DISH Network Corp. v. DBSD North America, Inc. (DISH I)

421 B.R. 133 (2009)

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DISH Network Corp. v. DBSD North America, Inc. (DISH I)

United States Bankruptcy Court for the Southern District of New York
421 B.R. 133 (2009)

SS

Facts

DBSD North America, Inc. (DBSD) (debtor) began to develop a satellite communications system, acquiring a satellite and the necessary wireless spectrum licenses. DISH Network Corporation (DISH) (creditor) provided satellite television service. DISH’s investments included a satellite-based communication service that competed directly with that of DBSD. DBSD filed a Chapter 11 bankruptcy petition and proposed a reorganization plan (the plan). The plan recognized $40 million in debt held by creditors in the first lien debt class. In July 2009, DISH purchased all the claims in the first lien debt class at par. DISH also bought $111 million in claims in the second lien debt class at par. DISH’s internal documents stated that its intention in buying the claims was to obtain a strategic opportunity, to control the bankruptcy process for strategic assets, and to acquire control of DBSD. DISH used all its first and second lien claims to vote to reject the plan. DBSD asked the bankruptcy court to have DISH disqualified from voting for lack of good faith. DISH objected, noting that it behaved appropriately and had not offered its own plan. The next day, DISH offered its own reorganization plan.

Rule of Law

Issue

Holding and Reasoning (Gerber, J.)

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