In re: Airadigm Communications, Inc.

In 2006 Chapter 11 bankruptcy proceeding, Dist. Ct. did not err in affirming Bankruptcy Ct. order overruling objections to two claims that had their origins in 2000 bankruptcy reorganization plan where: (1) while objector challenged one claim on ground that claim should have been deemed asset sale instead of bona fide loan to debtor, objector failed to preserve said contention when it litigated different reason for claim's disallowance in Dist. Ct., and terms of parties' stipulation otherwise precluded objector from raising recharacterization issue; and (2) language of 2000 reorganization plan expressly retained creditor's liens as to second claim, so as to permit said creditor to file claim in instant bankruptcy proceeding. However, Dist. Ct. erred in overruling objection as to third claim since judicial estoppel applied to said claim where, prior to obtaining assignment of said claim, creditor took diametrically opposite position on viability of said claim and obtained favorable ruling based on said position in prior bankruptcy proceeding.