SCOTUS Declines To Reconsider 2008 Bankruptcy Sale of Alabama FM

On July 24, 2008, a trustee representing an Alabama licensee of broadcast radio stations signed off on the $1.1 million sale, in a Chapter 11 bankruptcy auction, of a radio station that had been at 93.7 MHz from 1969 and in 2015 moved to 93.5 MHz, moving north to the Montgomery area from the Dothan market.

As far as the party engaged in the bankruptcy reorganization saw it, the sale of the FM was improperly conducted, and it sued Citizens Bank on the grounds that it wrongly foreclosed on the station. The licensee even went so far as to share a purported $3 million deal arranged with Don McCoy and Styles Media Group as part of a federal lawsuit filed in May 2021 with the Alabama Middle District Court.

That court determined that U.S. federal courts were the improper venue to consider the dispute, but H. Jack Mizell persisted, and took his case to the U.S. Supreme Court. On Monday, the highest judicial body in the nation declined to consider Mizell’s appeal.