O'Dwyer, Jr. v. O'Dwyer (In the Matter of O'Dwyer, Jr.)
- Summarized by Craig Geno , Law Offices of Craig M Geno, PLLC
- 10 years 9 months ago
- Citation:
- Fifth Circuit
- Tag(s):
-
- Ruling:
- In an unpublished opinion, the Fifth Circuit ruled that an appeal of the Bankruptcy Court's order approving a sale of assets under 11 USC Section 363 was moot. The appellant had not obtained a stay pending appeal and the sale was consummated before the appeal reached the appellate courts.The Bankruptcy Court found the purchaser was a good faith purchaser. The Appellant did not challenge the purchaser's good faith status at trial, and the Fifth Circuit declined to allow the Appellant to raise the issue for the first time on appeal.
The Fifth Circuit also ruled that the Bamkruptcy Judge was correct in overruling the Appellant's motion for recusal.
- Procedural context:
- Appeal from District Court
- Facts:
- Duly noticed asset sale was approved by the trial court and Appellant failed to obtain a stay pending appeal. The sale was consummated before the appeal reached the Fifth Circuit.
- Judge(s):
- Higginbotham, Davis and Southwick
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