§ 363

In re Berkman

Debtor filed a petition under chapter 11, and a person (joint owner) who owned real property with the debtor filed a motion seeking permission under 11 U.S.C.S. § 363(e), or alternatively under 11 U.S.C.S. § 362(d), to collect rents and pay expenses. The Acting U.S. Trustee (UST) filed a motion seeking an order appointing a chapter 11 trustee or converting the case to one under chapter 7 of the Bankruptcy Code.
Ruling: 
Motion by joint owner of debtor's property for permission to collect rents granted after conversion to chapter 7.
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Consumer case opionion summary, case decided on March 10,2010, LexisNexis #0510-079

In re Spa Chakra

Bankruptcy debtors operated luxury health and wellness spas internationally, and the debtors entered into an agreement whereby its pre-petition and postpetition secured lender would purchase substantially all of the debtors' operating assets. The debtors' moved pursuant to 11 U.S.C.S. § 363(b) for authorization to sell the assets, and a committee of unsecured creditors objected to the sale.
Ruling: 
Sale of all debtor spa operator's assets approved despite lack of distribution to estate.
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Commercial case opionion summary, case decided on March 05,2010, LexisNexis #0510-009

In re CHA Hawaii LLC

Movant, a health care provider and secured creditor of the debtors, that operated hospitals in Hawaii, brought a motion for adequate protection, asserting that the debtors had used cash collateral without the consent of the creditor or the court.
Ruling: 
Debtor ordered to provide lien to creditor due to use of cash collateral without authority.
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Commercial case opionion summary, case decided on March 04,2010, LexisNexis #0510-114

In re Chucks Constr. Co.

A bankruptcy debtor in possession applied for approval to sell equipment which was no longer necessary in the debtor's construction business to the debtor's equipments sales agent which arranged a prior sale of equipment of the debtor. The trustee objected to the sale to the agent which was a professional employed in the bankruptcy case with inside information.
Ruling: 
Debtor in possession could not sell equipment to agent who intended to resell to a third party for a profit.
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Commercial case opionion summary, case decided on March 02,2010, LexisNexis #0410-079

In re C.W. Mining Co.

Debtor mining company was forced into bankruptcy, and a chapter 7 trustee who was appointed to administer the debtor's bankruptcy estate filed a motion seeking permission to assume coal operating agreements (COAs) and related contracts the debtor entered, and a motion for an order authorizing him to assign the COAs and other contracts and to sell the debtor's property. The court conducted hearings on the motions.
Ruling: 
Trustee could assume debtor's coal operating agreements and assign them to buyer, contingent upon closing of sale.
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Commercial case opionion summary, case decided on March 02,2010, LexisNexis #0510-113

In re Blixseth

Debtor filed a petition under chapter 11 of the Bankruptcy Code on March 26, 2009, and the case was converted to one under chapter 7 of the Bankruptcy Code on May 29, 2009. A trustee who was appointed to represent the debtor's bankruptcy estate filed a motion seeking approval to sell real property the debtor owned in Montana, free and clear of all liens, claims, interests, and encumbrances.
Ruling: 
Trustee's proposed sale of property free and clear denied due to procedures that would favor creditor.
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Consumer case opionion summary, case decided on February 23,2010, LexisNexis #0510-042

In re Duda

Plaintiff, the chapter 7 trustee for the recently deceased debtor, filed a complaint seeking leave to sell, pursuant to 11 U.S.C.S. § 363(h), certain real property, in which the trustee claimed a fifty percent interest and in which the debtor's daughter also claimed a half-interest. The daughter had previously been granted a chapter 7 discharge, and her trustee sought to claim her interest in the real property as an asset of her reopened estate.
Ruling: 
Trustee could sell property in which deceased debtor's daughter claimed an interest by virtue of a fraudulent transfer.
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Consumer case opionion summary, case decided on January 15,2010, LexisNexis #0310-115

In re Bernardo

A trustee filed a motion for an order authorizing the interim distribution of the net proceeds from a sale of real property jointly owned by a chapter 7 debtor and his non-debtor spouse to the non-debtor spouse pursuant to 11 U.S.C.S. § 363(j). The United States of America, on behalf of the Internal Revenue Service (IRS), objected to the motion on the grounds that the proceeds were subject to IRS levy pursuant to 26 U.S.C.S. §§ 6321 and 6331.
Ruling: 
Interim distribution of sale proceeds of property jointly owned by debtor and non-debtor spouse denied where proceeds were subject to levy by IRS.
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Consumer case opionion summary, case decided on January 05,2010, LexisNexis #0210-076

In re Bender Shipbuilder & Repair Co.

This matter was before the court on the motion of the debtor for entry of an order approving proposed bidding procedures for submission and acceptance of competing bids for the sale and, as applicable, the assumption and assignment, of certain assets of the debtor and, under certain circumstances, payment of a break-up fee in the amount of $ 800,000.
Ruling: 
Debtor's proposed bidding procedures for sale of assets approved.
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Commercial case opionion summary, case decided on December 30,2009, LexisNexis #0310-008

In re Roemer

Debtor sought a ruling that her plan could treat the claim of a bank secured by debtor's condominium as secured only to the extent of the value of that property. Pending were debtor's motion for summary judgment, and the bank's motion for summary judgment.
Ruling: 
Debtor could modify claim secured by condominium that was not debtor's primary residence.
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Consumer case opionion summary, case decided on December 28,2009, LexisNexis #0210-026

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