Home » Bankruptcy Process and Procedure » Asset Sales

Illinois Department of Revenue v. Hanmi Bank

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 6 years 6 months ago
Citation:
Nos. 147-1575 (N.D. Ill. Bankr. Case No. 12-49658) & 17-2004 (N.D. Ill. Bankr. Case No. 15-05384) (consolidated appeals) (7th Circuit, Jul 09,2018) Published
Case Status:
Affirmed
Ruling:
7th Circuit Court of Appeals affirmed the decision of both Bankruptcy Courts, holding that TDOR's interest, the right to pursue Bulk Sale purchasers personally for sellers' unpaid state taxes, was...
Judge(s):
BUAER, FLAUM, and ROVNER
Tag(s):

Giese v. Lexington Coal Company (In re HNRC Dissolution Co.)

  • Summarized by Madison Conquest , State of Tennessee Real Estate Asset Management
  • 6 years 7 months ago
Citation:
16-8013 (6th Circuit, Jun 01,2018) Published
Case Status:
Affirmed
Ruling:
On de novo review, the BAP affirmed the Bankruptcy Court's decision to hear, and to dismiss, all seven (7) counts of the State Action. The BAP agreed that a "proceeding" under 28 U.S.C. 1334(c)...
Judge(s):
Harrison, Opperman, and Preston
Tag(s):

OHA Investment Corp. v. Schlumberger Technology Corp.

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 8 months ago
Citation:
No. 17-20224 (5th Circuit, Apr 17,2018) Published
Case Status:
Affirmed
Ruling:
Safe-harbor provision of Louisiana Oil Well Lien Act (LOWLA) allowed sale of lessee's overriding royalty interest (ORRI) free and clear of service providers' liens. LOWLA both created liens in...
Judge(s):
Reavley, Smith, Owen
Tag(s):

Barnes v. Sea Hawaii Rafting, LLC

Citation:
No. 16-15023 (9th Circuit, Mar 28,2018) Published
Case Status:
Reversed and Remanded
Ruling:
1. The commencement of a bankruptcy case by the owner of a maritime vessel, and the plaintiff's failure to verify an amended complaint, do not divest the district court of its exclusive in rem...
Judge(s):
Raymond C. Fisher, Richard A. Paez, and Jacqueline H. Nguyen
Tag(s):

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

  • Summarized by Lars Fuller , BakerHostetler
  • 6 years 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
  • 6 years 12 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):

Burgess v. Coffey (In re Wasson Properties, Inc.)

  • Summarized by Lars Fuller , BakerHostetler
  • 7 years 3 weeks ago
Citation:
BAP No. WO-17-020 (10th Circuit, Dec 15,2017) Not Published
Case Status:
Affirmed
Ruling:
BAP for 10th Circuit affirmed ruling of bankruptcy court (W.D. Okla.) denying creditors' claim for breach of contract. Bankruptcy court properly considered parole evidence under Oklahoma contract...
Judge(s):
Karlin, Somers, Jacobvitz
Tag(s):

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

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

PINNACLE RESTAURANT AT BIG SKY LLC V CH SP ACQUISITIONS LLC

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 7 years 3 months ago
Citation:
15-35572 (9th Circuit, Sep 12,2017) Published
Case Status:
Affirmed
Ruling:
The Ninth Circuit Court of Appeals affirmed the order of the district court affirming the bankruptcy court’s decision that a bankruptcy trustee’s sale of a debtor’s property was free and...
Judge(s):
Kozinski, Fletcher, Block
Tag(s):

Sian v. Montoya (In re Sandia Resorts, Inc.)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 7 years 4 months ago
Citation:
NM-17-003 (10th Circuit, Aug 30,2017) Not Published
Case Status:
Affirmed
Ruling:
The trustee can overcome the burden of demonstrating that an appeal of a sale under § 363(b) is moot under § 363(m) if the appellant fails to offer a permissible theory for relief that would...
Judge(s):
Karlin, Nugent, Mosier (Karlin)
Tag(s):

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