Topic: Asset Sales

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
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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.
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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
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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Bonnett v. Gillespie (In re Irish Pub-Arrowhead, LLC), Case Nos. 13-1024, 13-1043 (9th Cir. BAP Feb. 6, 2014) [Not for Publication]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
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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.
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Steffen v. Menchise (In re Steffen)

Citation: 
Steffen v. Menchise, Case No. 13-11052 (11th Cir. Jan. 16, 2014)(unpublished)
Ruling: 
Affirming district court's ruling that appeal was moot due to debtor-plaintiff's failure to obtain a stay of sale under 11 U.S.C.§363(m). Closing by trustee before sale order was final did not affect debtor-plaintiff's right to seek a stay and ...
Judge(s): 
Hull. Marcus and Jordan
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Rushton v. ANR Company, Inc, et al. (In re C.W. Mining Co.)

Citation: 
No. 12-4091 (10th Cir. January 22, 2014).
Ruling: 
With one exception (discussed below), the Tenth Circuit affirmed the district court’s dismissal of various consolidated bankruptcy appeals as statutorily moot by operation of § 363(m).
Judge(s): 
Tymkovich, Brorby, and Murphy.
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In the Matter of New Energy Corp. (Appeal of Natural Chem Holdings, LLC)

Citation: 
In re New Energy Corp., Case No. 13-2501 (7th Cir. Jan. 15, 2014)
Ruling: 
Party who is not a creditor and who elected not to bid at an auction sale does not have standing to contest approval of that sale. In dicta, the Court also stated that: (i) only the trustee (debtor-in-possession) ...
Judge(s): 
Flaum, Easterbrook, Griesbach (District Judge)
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