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Home » Chapter 3 » SUBCHAPTER IV » § 363

Far East National Bank v. U.S. Trustee (In re Premier Golf Properties, LP)

Citation:
BAP No. SC-11-1508-HPaJu (August 13, 2012)
Ruling:
Affirming the bankruptcy court, the BAP held that golf course green fees and driving range fees was not part of the lender's cash collateral as it was not rents, proceeds, or profits of the...
Judge(s):
HOLLOWELL, PAPPAS, and JURY, Bankruptcy Judges
Tag(s):

Lovald v. Tennyson (In re Wolk)

Citation:
Lovald v. Tennyson (In re Wolk), Case No. 10-6050 (8th Cir.BAP Oct. 14, 2010)
Ruling:
The strong arm powers under section 544 provide the trustee with the powers of a bona fide purchaser. In South Dakota, a co-owner of property can overcome the presumption that property held as a...
Judge(s):
Kressel, Chief Judge, Federman, and Saladino, Bankruptcy Judges
Tag(s):

In re: Vistacare Group, LLC, et al.

  • Summarized by Richard Corbi , Otterbourg P.C.
  • 13 years 10 months ago
Citation:
In re Vistacare Group, LLC, et. al., No. 11-2695 (May 4, 2012 3d Cir.) (Precedential)
Ruling:
The Third Circuit Court of Appeals held that the Barton doctrine, which requires a party seeking to sue a court-appointed receiver, to first obtain leave of the appointing court, applies to...
Judge(s):
McKee, Fisher, Greenaway
Tag(s):

Trilogy Development Co., LLC v. J.E. Dunn Construction Co. (In re Trilogy Development Co., LLC)

  • Summarized by John Marck , OFFICE OF THE DISTRICT ATTORNEY
  • 13 years 10 months ago
Citation:
Case No. 12-6008 (8th Cir. Apr. 5, 2012)
Ruling:
Affirmed bankruptcy court's order holding that mechanic liens attach to an earnest money deposit of the highest bidder at an auction sale of the property, who failed to purchase the property. Such...
Judge(s):
KRESSEL, SALADINO and NAIL
Tag(s):

TLP Services, LLC v. Stoebner (In re Polaroid Corp.)

Citation:
Eighth Circuit Court of Appeals, Docket no. 11-1553
Ruling:
On appeal, a creditor claimed the bankruptcy court had misapplied the three part test of Martin v. Commodity Credit Corporation (In re Martin), 761 F.2d 472 (8th Cir 1985), in permitting the use of...
Judge(s):
Federman, Venters, and Nail, Bankruptcy Judges, opinion by Nail.
Tag(s):

U.S. Bank National Association v. SMF Energy Corp. (In re Interstate Bakeries Corp.)

  • Summarized by Anthony Bisconti , Bienert Katzman Littrell Williams LLP
  • 14 years 3 months ago
Citation:
Case No. 11-6005 (8th Cir. B.A.P. Nov. 25, 2011)
Ruling:
The court affirmed the ruling of the bankruptcy court. The court found that the bankruptcy court did not abuse its discretion in ruling that the complaint was not barred by Fed. R. Bankr. P. 7004...
Judge(s):
Kressel, Saladino, and Nail
Tag(s):

Smith v. HD Smith Wholesale Drug Co. (In re McCombs)

  • Summarized by Sarah Smegal , Bartlett Hackett Feinberg PC
  • 14 years 4 months ago
Citation:
In re McCombs, --- F.3d ----, 2011 WL 4553052 (5th Cir. Oct. 4, 2011)
Ruling:
The Fifth Circuit Court of Appeals (the "Circuit Court") ruled that: (1) pursuant to state law, the judgment creditor (H.D. Smith Wholesale Drug Co.) lacked an enforceable lien against the debtor's...
Judge(s):
Owen, Haynes
Tag(s):

ASARCO, Inc. v. Elliott Management (In re ASARCO, L.L.C.)

  • Summarized by Peter Ruggero , Ruggero Law Firm PC
  • 14 years 6 months ago
Citation:
Case No. 10-40930 (5th Cir. Aug 16, 2011)
Ruling:
Court held that a flexible and less stringent standard is used in bankruptcy cases to determine if orders are final for purposes of appellate jurisdiction. Court further held that the business...
Judge(s):
The Hon. Smith and the Hon. Stewart, decided by a quorum due to the death of the Hon. Garwood.
Tag(s):

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