§ 363

Ziegler v. Schwenker (In re Ziegler)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant holders of remainder interests in real property in which the bankruptcy debtor also held a remainder interest, seeking authority to sell the remainder interest of the debtor free and clear of claims of the holders pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment, and neither the debtor nor the holders responded to the motion.
Ruling: 
Trustee allowed to sell debtor's remainder interest in property free and clear of claims of other remainder interest holders.
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Consumer case opionion summary, case decided on October 02,2008, LexisNexis #1208-009

Baylake Bank v. TCGC LLC

Defendant debtor and plaintiff bank, mortgage-holder on property owned by debtor, brought a proceeding against movant village, seeking a determination that certain restrictive covenants on the property were either void on their face, preempted by federal law, or subject to avoidance, and an order directing sale of the property free and clear of such restrictions to a Tribe. Pending were cross-motions for summary judgment by the bank and village.
Ruling: 
Village's interest in restrictive covenant was not avoidable.
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Commercial case opionion summary, case decided on October 01,2008, LexisNexis #1008-112

In re HRP Myrtle Beach Holdings LLC

After the debtors filed voluntary petitions for relief under chapter 11, they moved for an order authorizing them to obtain postpetition financing pursuant to 11 U.S.C.S. §§ 363 and 364, granting senior-priority liens and super-priority claims to the postpetition secured lenders, and authorizing them to use cash collateral and obtain emergency postpetition loans. The debtors also requested adequate protection for pre-petition secured lenders.
Ruling: 
Debtors in possession granted ability to obtain superpriority senior secured postpetition financing and to use cash collateral.
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Commercial case opionion summary, case decided on September 29,2008, LexisNexis #1208-039

In re Tousa Inc.

Chapter 11 debtors sought the authority of the court under 11 U.S.C.S. § 363 to entered into a sale agreement for the sale of certain residential lots that were subject to a restrictive covenant.
Ruling: 
Sale of real property subject to restrictive covenant setting minimum sale price approved where enforcement would be inequitable given collapsed market.
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Commercial case opionion summary, case decided on September 22,2008, LexisNexis #1208-008

In re Hegr

The debtors filed for relief under chapter 13 of the Bankruptcy Code. An interested party filed a motion for approval of the sale of business assets. The debtor wife objected to the motion for approval of a sale and sought turnover of certain property items.
Ruling: 
Sale of debtor's business assets approved over debtor' spouse's objection with spouse allowed turnover of personal property items.
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Consumer case opionion summary, case decided on August 01,2008, LexisNexis #0908-042

In re Dorado Beckville Partners LP

A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor filed a motion for an order approving the sale of assets free and clear of all liens, and related relief. The court held a hearing, and issued findings of fact and conclusions of law.
Ruling: 
Motion for approval of sale of assets free and clear granted.
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Commercial case opionion summary, case decided on July 11,2008, LexisNexis #0808-040

In re Eldercare

The debtors filed separate voluntary petitions for relief under chapter 11. The debtors sought to sell or otherwise transfer or transition a large portion of their nursing facility assets and business operations to the proposed transferees, and permit the State to establish receiverships for several additional nursing facilities. The committee of unsecured creditors filed a timely objection to the transfer motions.
Ruling: 
Sale of debtor's nursing home assets and operations supported by sound business reasons approved.
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Commercial case opionion summary, case decided on July 04,2008, LexisNexis #1008-005

In re Aloha Airlines Inc.

A chapter 7 trustee filed an emergency motion for the entry of an order confirming the sale of the debtors' air cargo assets pursuant to 11 U.S.C.S. § 363 free and clear of liens, claims, encumbrances, and interests, and approving the assumption and assignment of certain executory contracts under 11 U.S.C.S. § 365.
Ruling: 
Emergency motion for confirmation of sale of debtor airline's cargo assets free and clear granted.
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Commercial case opionion summary, case decided on May 13,2008, LexisNexis #0708-004

In re Strunk

The chapter 7 Trustee filed a motion for reconsideration of the court's order that granted the debtors' motion to dismiss their chapter 7 case.
Ruling: 
Voluntary dismissal granted over objection of trustee.
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Consumer case opionion summary, case decided on May 09,2008, LexisNexis #0608-039

In re Viking Offshore

The debtors filed a motion for authority to pay bonuses to non-insider employees. An indenture trustee under the debtors' bonds opposed the motion on the ground that the amount of the bonuses was excessive.
Ruling: 
Motion to pay bonuses to non-insider employees denied due to lack of sound business justification.
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Commercial case opionion summary, case decided on April 30,2008, LexisNexis #0608-074

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