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Topic: Asset Sales

Petfinders, L.L.C. v. Chapter 11 Trustee Sherman (In The Matter of Ondova Ltd. Co.)

Citation: 
Fifth Circuit Court of Appeals; No. 13-10120
Ruling: 
The plain language of section 363(m) prevents an appellate court from granting effective relief in cases challenging bankruptcy court orders authorizing the sale of property of the estate to a good-faith purchaser, “whether or not such entity knew of the ...
Judge(s): 
Before JOLLY, HIGGINBOTHAM, and DAVIS, Circuit Judges.
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Allen v. Absher (In re Allen)

Citation: 
Allen v. Absher, et al. (In re Allen), No. 14-1242 (10th Cir. May 27, 2015)
Ruling: 
The 10th Circuit affirmed the U.S. District Court for the District of Colorado, which affirmed the bankruptcy court's order approving the sale of debtor's stock in two oil companies to a creditor. The 10th Circuit found that debtor had not ...
Judge(s): 
Briscoe, Lucero, Matheson
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Rose v. Gottlieb (In re Khalil)

Citation: 
Ninth Circuit Bankruptcy Appellate Panel Case No. CC-14-1253-KiKuD (May 11, 2015)
Ruling: 
In the unpublished Ninth Circuit Bankruptcy Appellate Panel ("BAP"), two issues were presented on appeal. First, did the bankruptcy court err is granting the Chapter 7 Trustee's partial summary summary under Fed.R.Bankr.P. Rule 7056? The BAP affirmed the ...
Judge(s): 
KIRSCHER, KURTZ and DUNN, Bankruptcy Judges.
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International Union, United Automobile, Aerospace & Agricultural Implement Workers of America v. General Motors

Citation: 
15a0361n.06
Ruling: 
Ruling against the United Auto Workers (UAW) and in favor of GM, the Sixth Circuit held the 2009 Retiree Settlement Agreement (2009 RSA) extinguished an obligation for New GM to pay $450 million under a 2009 Master Sale and Purchase ...
Judge(s): 
Boggs, Sutton and Stranch, Circuit Judges.
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Lane v. Barney (In re Lane)

Citation: 
Lane v. Barney (In re Lane), BAP No. WY-14-053 & 14-054 (BAP 10th Cir. Mar. 20, 2015)
Ruling: 
BAP for 10th Circuit dismissed appeal as moot after debtor appealed bankruptcy court (D. Wy.) striking debtor's objection to chapter 7 trustee's motion to sell property of estate. Because debtor appellant had not obtained stay, sale of coins had occurred ...
Judge(s): 
Thurman, Michael, Karlin
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Peet v. Checkett (In re Peet)

Citation: 
Peet v. Checkett (In re Peet), No. 14-6033 (BAP 8th Cir. Apr. 22, 2015)
Ruling: 
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court overruling debtors' objection to chapter 7 trustee's motion to sell real estate and a pickup. BAP agreed that notwithstanding nondebtor co-owners of the sale property as of ...
Judge(s): 
Kressel, Schermer, Nail
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Baker Hughes Oilfield Operations, Inc. v. Morton (In the Matter of R.L. Adkins Co.)

Citation: 
Case No. 14-10768 (5th Cir. April 23, 2015)
Ruling: 
Appellant was not entitled to maintain its Section 1111(b) election because the confirmed plan provided for a sale of the appellant's collateral and appellant failed to provide notice of its intent to credit bid on the collateral.
Judge(s): 
REAVLEY, JONES, and ELROD, Circuit Judges.
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Lei v. Yan (In re Yan)

Citation: 
Lei v. Yan (In re Yan), 9th Cir. B.A.P (NC-14-1266-JuTaPa), February 26, 2015 [Not for Publication]
Ruling: 
In an unpublished opinion the Bankruptcy Appellate Panel for the 9th Circuit affirmed the bankruptcy court’s denial of creditor motion seeking damages for violations of the automatic stay under § 362(k)(1). The court held that the creditor did not ...
Judge(s): 
JURY, TAYLOR, and PAPPAS, Bankruptcy Judges.
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Baker v. Baker (In the Matter of Baker)

Citation: 
No. 14-10569 (non-precedential)
Ruling: 
Fifth Circuit AFFIRMED lower courts' rulings that bankruptcy court could exercise jurisdiction to interpret and enforce its own prior sale order. District Court further did not commit err by affirming bankruptcy court's denial of the motion to amend a ...
Judge(s): 
KING, DAVIS, and OWEN (per curiam)
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Tamm v. United Sates Trustee, Honolulu (In re Hokulani Square, Inc.)

Citation: 
Case No. 11-60072 (9th Cir. 2015)
Ruling: 
Relying on plain language, legislative history, and following prior decisions by the Third and Fifth Circuits, the Ninth Circuit Panel held that section 326(a) of the Bankruptcy Code does not permit trustee compensation for returning property to a secured lender ...
Judge(s): 
Alex Kozinski, Raymond C. Fisher, and Paul J. Watford, Circuit Judges. Opinion by Judge Kozinski.
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