In Re: Old HB, Inc.
Filing
41
OPINION AND ORDER re: 34 MOTION to Dismiss filed by Old HB, Inc. (f/k/a Hostess Brands, Inc.), MCF Legacy, Inc., IBC Trucking, LLC, IBC Services, LLC, Interstate Brands Corporation, IBC Sales Corporation. For the foregoing reasons, Appellees' motion to dismiss the appeal is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion at Docket No. 34 and to terminate this case. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 1/5/2015) (mml)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------)(
Inre
OLD HB, INC. (ilk/a Hostess Brands, Inc.),
et al.,
Debtors.
14-cv-67 50 (NSR)
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ACE AMERICAN INSURANCE COMPANY,
et al.,
OPINION AND ORDER
Appellants,
-againstOLD HB, INC. (f/k/a Hostess Brands, Inc.)
et al.,
Appellees.
---------------------------------------------------------------)(
NELSONS. ROMAN, United States District Judge:
This appeal arises from bankruptcy cases filed by Old HB, Inc. (previously known as
Hostess Brands, Inc.), and its affiliates (collectively, "Hostess," "Appellees," or "Debtors") on
January 11, 2012. ACE American Insurance Company, et al. (collectively, "ACE" or
"Appellants") issued high-deductible automobile liability policies to Hostess, which covered a
large fleet of commercial vehicles throughout the country.
On July 15, 2014, the U.S. Bankrnptcy Court for the Southern District of New York
entered an order (the "New Bar Date Order") granting Hostess's motion requesting a new Bar
Date for a group of claimants with potential claims against Hostess that may be covered by an
automobile liability policy (collectively, the "AL Claimants") and barring, estopping, and
enjoining those AL Claimants who failed to file a proof of claim in the bankruptcy comt by the
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