BAP for 9th Cir. vacated and remanded decision of bankruptcy court (ED Cal.) granting chapter 7 trustee's motion to surcharge encumbered sale proceeds for payment of administrative expenses based...
Sixth Circuit Bankruptcy Appellate Panel (BAP) dismissed a Debtor's appeal of a bankruptcy court order which granted the Chapter 7 Trustee's motion to sell real estate owned by a single member...
Judge(s):
Harrison, Price Smith and Wise, Bankruptcy Appellate Panel Judges
The doctrine of sovereign immunity does not preclude a sale of real property under § 363(f) free and clear of an easement across such property that existed in favor of a political subdivision of...
The Court of Appeals for the Federal Circuit confirmed the dismissal of the complaint because of lack of jurisdiction and, because, as to the claims alleging coercion, the statute of limitations...
AFFIRM the district court’s judgment affirming the bankruptcy court’s decision granting the Trustee’s motion to approve auction and for authority to sell certain real property of the...
Judge(s):
STEWART, Chief Judge, and DAVIS and ELROD, Circuit Judges
The Sixth Circuit affirmed the rulings of the Bankruptcy Court and 6th Cir. BAP, (i) finding that jurisdiction existed for removal of the case from state court to the District Court (and referral...
In affirming the district court's ruling, the Eleventh Circuit held that the bankruptcy court had the authority to modify the premiums that Walter Coal owed to two funds which it established to...
IDEA Boardwalk may reduce its rent obligations by certain amounts entitled to recoupment under the Lease, (1) because they “fall within the ambit of rights preserved under Code §...
Judge(s):
AMBRO, CHAGARES, and GREENAWAY, JR., Circuit Judges
Court concluded that the non-exclusive patent licenses were "executory contracts" that were deemed rejected by operation of law 60 days after conversion of the cases from chapter 11 to chapter 7. ...
Majority holds the bankruptcy court did not abuse its discretion to reconsider its prior order, entered a year earlier, approving a break-up fee under a merger agreement. The order approving the...
Judge(s):
Greenaway, Jr. (author for majority), Fuentes, and Rendell (dissenting)
