Murray Kentucky Energy, Inc. v. Ceralvo Holdings, LLC.

• Summarized by Lars Fuller , BakerHostetler
• 5 months 3 weeks ago

Citation:

19-6038 (8th Circuit, Apr 23,2020) Published

Case Status:

Affirmed

Ruling:

BAP for 8th Cir. affirmed ruling of bankruptcy court (ED Missouri - St. Louis) denying asset purchasers' motion to enforce order confirming the debtors’ plan of reorganization and seeking to...

Judge(s):

Saladino, Nail, Sanberg

Tag(s):

• 8th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• 11 U.S.C § 363

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

• Summarized by Daniel Waxman , KEWA Financial Inc.
• 11 months 5 days 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):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Claims
• 11 U.S.C § 363

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

• Summarized by J Newman , Newman & Newman
• 1 year 3 months 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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Bankruptcy Litigation
• Claims
• Fraudulent Transfers
• 7001
• 11 U.S.C § 363

Samuel v. JPMorgan Chase Bank, N.A.

• Summarized by Lars Fuller , BakerHostetler
• 2 years 2 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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

Lind v. Spacone

• Summarized by Lars Fuller , BakerHostetler
• 2 years 2 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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Real Estate
• 11 U.S.C § 363

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

• Summarized by Lars Fuller , BakerHostetler
• 2 years 8 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):

• 9th Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Practice and Procedure
• Professional Practice Areas
• Real Estate
• Rule 9019
• 11 U.S.C § 363

Mission Product Holdings, Inc. v. Old Cold LLC

• Summarized by David Baker , Law Office of David G. Baker
• 2 years 9 months 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):

• 1st Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Bankruptcy Litigation
• Practice and Procedure
• Professional Practice Areas
• Business Reorganization
• Rule 6004
• Rule 6006
• 11 U.S.C § 363

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

• Summarized by Stephen Falanga , Walsh Pizzi O'Reilly Falanga LLP
• 2 years 12 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):

• 3rd Circuit
• Bankruptcy Process and Procedure
• Asset Sales
• Professional Practice Areas
• Unsecured Trade Creditors
• Fed. R. Bankr. P. 8007
• 11 U.S.C § 363

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