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...
When can post-rejection damages be allowed as administrative expenses? The Court clarified: Claimant can prove "necessity" through "evidence of either a direct request from the...
Reversing the ruling below, the Seventh Circuit found "disbursement" to be an "expansive term" covering all payments made by or for a debtor, including direct payments to revolving lines of credit....
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...
Based on the nature of in rem jurisdiction and the limitations on the court’s and Receiver’s equitable power, the Fifth Circuit concluded that the district court lacked authority to approve the...
Judge(s):
Before JONES, CLEMENT, and SOUTHWICK, Circuit Judges.
Secured creditor group was not entitled, under the confirmed Plan of Reorganization (which it had accepted), to post-petition default interest (even though the group was fully secured and its debt...
