The Fifth Circuit held that the bankruptcy court had the “undisputed power to order the sale of a bankruptcy debtor’s assets” and that turnover of those assets pursuant to the sale order was...
Resolving consolidated appeals by A&D Property Consultants LLC (AD) of a decision by the circuit's bankruptcy appellate panel (BAP) affirming two bankruptcy court (BC) orders, the U.S. Court of...
Judge(s):
Sidney R. Thomas; Eric D. Miller; and Richard D. Bennett
The U.S. Court of Appeals for the Fifth Circuit (Circuit) affirmed the judgment in favor of a seller, Offshore Specialty Fabricators, LLC (Seller), who had sued the highest bidder at auction for...
Judge(s):
Don Willett; Cory T. Wilson; and Irma Carrillo Ramirez
The U.S. Court of Appeals for the Ninth Circuit held a bankruptcy court did not abuse its discretion in approving compensation for a Subchapter V Trustee over a debtor’s objection for work...
In the latest installment of a long-running family saga, one family member's argument that an order approving a trustee's sale of real estate and preserving the "liens, claims, and encumbrances"...
The Fifth Circuit ruled that the district court correctly held that the appeal was statutorily moot under section 363(m) (and that the Supreme Court’s ruling in MOAC Mall Holdings LLC v....
The U.S. Court of Appeals for the Tenth Circuit (Circuit) affirmed the order of the U.S. District Court for the District of Colorado (DC) for the same reasons cited by the latter in its order...
Judge(s):
Paul J, Kelly Jr.; Scott Matheson Jr.; and Allison H. Eid
In this challenge by Kenneth Pettine (DR), a chapter 7 debtor, of the decision of the U.S. Bankruptcy Court for the District of Colorado (BC) granting the motion by a trustee (TR) for a charging...
Judge(s):
Robert H. Jacobvitz; Dale L. Somers; and Janice Loyd
A Ninth Circuit BAP affirmed a decision of the bankruptcy court. The court reasoned that the production company's state law contract claim was a core proceeding because it concerned the...
The U.S. Court of Appeals for the Eighth Circuit affirmed a bankruptcy court's order permitting a chapter 7 trustee to sell chapter 5 avoidance actions as property of the debtor's estate.
