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Topic: Asset Sales

Lewis Brothers Bakeries Inc. v. Interstate Brands Corp.

Citation: 
Lewis Brothers Bakeries Inc. v. Interstate Brands Corp., 8th Cir. Court of Appeals, No. 11-1850 [June 6, 2014]
Ruling: 
In an En Banc decision, the 8th Circuit Court of Appeals reversed the judgment of the district court and bankruptcy court that held that the material and outstanding obligations of the licensing agreement had yet to be performed or constituted ...
Judge(s): 
RILEY, Chief Judge, WOLLMAN, LOKEN, MURPHY, BYE, SMITH, COLLOTON, GRUENDER, BENTON, SHEPHERD, and KELLY, Circuit Judges, En Banc.
Read on...

DeGiacomo v. Traverse (In re Traverse)

Citation: 
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling: 
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the property is less than the total ...
Judge(s): 
Torruella, Howard and Kayatta
Read on...

SW Boston Hotel Venture, LLC v. The Prudential Ins Co (Nos. 12-9008, 12-9009, 12-9011 and 12-9012)

Citation: 
U.S. Court of Appeals, First Circuit ("First Circuit") Case Nos. 12-9008, 12-9009
Ruling: 
First Circuit affirmed ruling of Bankruptcy Appellate Panel for the First Circuit (the "BAP") that appeals from orders of U.S. Bankruptcy Court, District of Massachusetts (J. Feeney)("Bankruptcy Court") were not equitably moot despite substantial consummation of confirmed plan. First ...
Judge(s): 
J. Lynch, J. Stahl, J. Howard
Read on...

Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

Citation: 
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)
Ruling: 
The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and assignment of his or her lease by claiming that the ...
Judge(s): 
Sack, Parker Raggi
Read on...

Gaskin v. Barstow (In re Dockweiler)

Citation: 
9th Cir. (B.A.P) Case no Ak-13-1157 - Filed March 28, 2014
Ruling: 
DISMISSAL due to lack of jurisdiction rendering the appeal as MOOT.
Judge(s): 
Jury, Kurtz, and Pappas.
Read on...

Sachan v. Huh (In re Huh)

Citation: 
In Re Huh, 9th Cir B.A.P., CC-12-1633-En Banc (March 11, 2014) [Published]
Ruling: 
In a published opinion, the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court finding that that imputed liability of a principal for the active fraud of an agent would not support an exception to discharge for ...
Judge(s): 
En Banc: Dunn, Pappas, Kirsher, Taylor & Kurtz. Opinion written by Judge Dunn
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Hope 7 Monroe Street LP v. Riaso, LLC (In the Matter of Hope 7 Monroe Street LP)

Citation: 
Hope 7 Monroe Street LP, U.S. Court of Appeals D.C. Cir., No. 12-7054 [February 28, 2014]
Ruling: 
The Court of Appeals for the District of Columbia, held that the district court did not err in affirming the bankruptcy courts rulings. The district court's decision affirmed the ruling by the bankruptcy court to deny, appellants, Hope 7's motion ...
Judge(s): 
Ginsburg, Henderson and Brown
Read on...

Bonnett v. Gillespie (In re Irish Pub-Arrowhead, LLC)

Citation: 
Bonnett v. Gillespie (In re Irish Pub-Arrowhead, LLC), Case Nos. 13-1024, 13-1043 (9th Cir. BAP Feb. 6, 2014) [Not for Publication]
Ruling: 
The Ninth Circuit BAP affirmed the Bankruptcy Court on appeal. The BAP explained that the appeal was not moot because the subject sale transaction was not so complex that it would be difficult to unwind as the proceeds of the ...
Judge(s): 
Pappas, Kurtz and Dunn, Bankruptcy Judges.
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Jones v. Mullen (In re Jones)

Citation: 
Jones v. Mullen (In re Jones), BAP No. AZ-12-1644-DPaKu (B.A.P. 9th Cir. Feb. 5, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Ninth Circuit affirmed the Bankruptcy Court’s order approving the Chapter 7 Trustee’s sale of real property transferred to Debtor post-petition upon the death of the Grantor under a Beneficiary Deed under Arizona Law, which ...
Judge(s): 
Dunn, Pappas and Kurtz, Bankruptcy Judges
Read on...

Bank of England v. Rice (In re Webb)

Citation: 
Eighth Circuit Court of Appeals Docket No. 13-1495
Ruling: 
Affirming the decision of the District Court for the Eastern District of Arkansas, which had affirmed the ruling of the Bankruptcy Court for the Eastern District of Arkansas, the Eighth Circuit Court of Appeals held that rice and farming equipment ...
Judge(s): 
Loken, Murphy and Smith; Opinion by Murphy.
Read on...
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