Home » 11 U.S.C § 363

In re Motors Liquidation Co.: Those Certain Post-Closing Accident

  • Summarized by Daniel Waxman , Wyatt, Tarrant & Combs, LLP
  • 2 months 1 week ago
Citation:
18-1940 (2nd Circuit, Nov 19,2019) Published
Case Status:
Affirmed
Ruling:
New GM is not liable for punitive damage claims asserted by parties to post-Sale accidents involving automobiles manufactured by Old GM, even if New GM is liable for compensatory damages, because...
Judge(s):
Jacobs, Sack, Hall
Tag(s):

Rodney Tow v. Organo Gold Intl, Inc., et al

  • Summarized by J Newman , Newman & Newman
  • 6 months 2 weeks ago
Citation:
. 18-20394 (5th Circuit, Jul 11,2019) Not Published
Case Status:
Affirmed
Ruling:
A chapter 7 trustee was not deprived of standing to sue defendants for misappropriation of trade secrets, even though the trustee's court-approved sale agreement with a third-party buyer purported...
Judge(s):
HAYNES, GRAVES, and DUNCAN,
Tag(s):

Samuel v. JPMorgan Chase Bank, N.A.

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 5 months ago
Citation:
BAP No. EC-17-1036-BHKu (9th Circuit, Jul 31,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed debtor's appeal as moot following appeal of order by bankruptcy court (ED Cal.) granting chapter 11 trustee's motion for (1) use of cash collateral, (2) authorizing...
Judge(s):
Brand, Hursh, Kurtz
Tag(s):

Lind v. Spacone

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 5 months ago
Citation:
BAP No. EC-18-1001-BHKu (9th Circuit, Jul 27,2018) Not Published
Case Status:
Dismissed
Ruling:
BAP for 9th Circuit dismissed appeal of order approving sale as moot after trustee and buyer agreed to abandon the sale and filed new motion with bankruptcy court to approve sale. Based on...
Judge(s):
Brand, Hursh, Kurtz
Tag(s):

Mark Technologies Corp. v. Frazer (In re Mark Technologies Corp.)

  • Summarized by Lars Fuller , BakerHostetler
  • 1 year 11 months ago
Citation:
BAP No. CC-16-1435-KUFL (9th Circuit, Feb 01,2018) Not Published
Case Status:
Affirmed
Ruling:
BAP for 9th Circuit issued single ruling on four separate appeals. BAP dismissed appeals as moot, and in alternative, affirmed on the merits. After bankruptcy court (C.D. Cal.) approved settlement...
Judge(s):
Kurtz, Faris, Lafferty
Tag(s):

Mission Product Holdings, Inc. v. Old Cold LLC

  • Summarized by David Baker , Law Office of David G. Baker
  • 2 years 1 week ago
Citation:
16-90102, 116-9015 (1st Circuit, Jan 12,2018) Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's finding of good faith in a §363 sale affirmed; otherwise the appeal is moot due to the sale having been completed without a stay.
Judge(s):
Kayatta (author), Torruella, and Lynch
Tag(s):

Schepis v. Burtch (In re Pursuit Capital Management, LLC)

  • Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
  • 2 years 3 months ago
Citation:
No. 16-3953 (Pursuit Capital Mgmt. Fund I, L.P. v. Burtch (In re Pursuit Capital Mgmt., LLC), 2017 U.S. App. LEXIS 20889) (3rd Circuit, Oct 24,2017) Published
Case Status:
Affirmed
Ruling:
In this precedential ruling, the Third Circuit ruled that Section 363(m) moots a challenge to a trustee's sale of avoidance actions because the appellant did not obtain a stay pending appeal and a...
Judge(s):
JORDAN, KRAUSE, Circuit Judges and RICHARD G. STEARNS, District Judge sitting by designation
Tag(s):

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