§ 363

Ebner v. Woodforest Partners LP (In re EBCO Land Dev. Ltd.)

Plaintiff, the postpetition purchaser of certain real property from the chapter 11 estate, brought an adversary proceeding against defendant creditor, which held a gas line easement across the real property and had a contract with the debtor to provide gas service to residences on the property. The creditor moved to dismiss the complaint, and counterclaimed against the purchaser, which moved to dismiss the counterclaim.
Ruling: 
Bankruptcy court had authority to sell property free and clear of gas line easement.
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Commercial case opionion summary, case decided on April 17,2008, LexisNexis #0508-095

Betta Prod. v. Distribution Sys. & Serv. (In re Betta Prod.)

Debtor, a seller of paper and party products, filed an adversary proceeding against defendant warehouse, asserting that the warehouse negligently performed its duties under a contract and converted its inventory. The debtor sought damages for alleged shortfalls of inventory.
Ruling: 
Warehouse was not liable for conversion of inventory, treated as cash collateral, where debtor continued to sell the inventory after abandonment.
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Commercial case opionion summary, case decided on April 11,2008, LexisNexis #0608-058

Dawson v. Thomas (In re Dawson)

Debtor objected to a proof of claim filed in her chapter 13 by defendant agent and secured by a residential mortgage. She also sought relief against defendant lender and defendant broker. At issue, inter alia, was whether she was entitled to pursue the claims and whether either or both defendants were liable per the Truth In Lending Act (TILA), 15 U.S.C.S. § 1601 et seq., or the D.C. Home Loan Protection Act, D.C. Code § 26-1151.01 et seq.
Ruling: 
Debtor's TILA actions were preserved by tolling provisions of Bankruptcy Code.
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Consumer case opionion summary, case decided on April 09,2008, LexisNexis #0508-027

In re Musgrove

Debtors and debtors in possession filed a motion seeking authority for the debtors to transfer and convey, by dation en paiement, their residence to a bank, the holder of two perfected mortgages, free and clear of all liens and encumbrances.
Ruling: 
Conveyance of debtor's residence to bank by dation en paiement approved.
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Consumer case opionion summary, case decided on April 08,2008, LexisNexis #0508-112

In re Snead

The holder of a note and a deed of trust to certain real property securing a promissory note given by debtor-in-possession (DIP) asked the court for relief from stay to enjoin the DIP from using cash collateral based on the holder's claim that it did not have adequate protection. At issue was whether there was adequate protection for the holder's interest.
Ruling: 
Order for adequate protection payments and enjoining debtor-in-possession from using cash collateral was not necessary where sufficient equity cushion existed in security.
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Consumer case opionion summary, case decided on April 01,2008, LexisNexis #0508-078

South Motor Co. v. Carter-Pritchett-Hodges Inc. (In re MMH Auto Group LLC)

Plaintiff purchaser of real property in a bankruptcy sale brought an adversary proceeding against defendant lessee under an unrecorded lease of a billboard on the property, seeking a determination that the sale was free and clear of the lessee's interest as stated in the sale order. The lessee asserted that it did not receive notice of the sale and that its interest survived the sale.
Ruling: 
Bankruptcy sale of property was free and clear of unrecorded lease.
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Commercial case opionion summary, case decided on March 18,2008, LexisNexis #0508-063

In re Ocean Blue Leasehold Prop. LLC v. Croley (In re Ocean Blue Leasehold Prop LLC)

Plaintiff debtor brought an adversary complaint against defendants, who were co-owners of the subject real property as tenants in common, seeking the entry of a final judgment authorizing the debtor to sell both the estate's interest and co-owners' interests in the property pursuant to 11 U.S.C.S. § 363(h). The co-owners, who each owned a 1/30 interest in the office building property, opposed the sale of their interests.
Ruling: 
Sale of property owned by debtors as tenants-in-common with co-owner of 1/30 interest authorized with payment to co-owner.
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Commercial case opionion summary, case decided on March 07,2008, LexisNexis #0408-111

Conn-Selmer Inc. v. Bamber

Plaintiff creditor and third-party defendant, a subsidiary of the creditor, filed a Fed. R. Civ. P. 12(b)(6) motion to dismiss the counterclaim and third-party claim of defendants, the owner of a debtor company, for tortious interference with a pending contract between the debtor and a non-party company, which had agreed to take over the debtor's lease.
Ruling: 
Postpetition contract entered into outside ordinary course of debtor's business without bankruptcy court approval was unenforceable.
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Commercial case opionion summary, case decided on February 07,2008, LexisNexis #0308006

In re Exaeris Inc.

A corporate debtor filed a petition under chapter 11 in July 2007, and six months later, it filed an expedited motion seeking an order authorizing the sale of substantially all its assets to a creditor or the creditor's designee. A committee of unsecured creditors took the lead in presenting the motion, and a bank that was also a creditor opposed the motion.
Ruling: 
Sale of substantially all assets to creditor, including causes of action against that creditor, denied.
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Commercial case opionion summary, case decided on January 15,2008, LexisNexis #0208-041

In re Nature Leisure Times LLC

The chapter 7 trustee filed a motion pursuant to 11 U.S.C. § 363(b)(1) to sell assets free and clear of all liens and assign executory contracts and unexpired leases.
Ruling: 
Free and clear sale of assets by trustee approved where estate cash flow was insufficient to continue operation of debtor's lodge facility.
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Commercial case opionion summary, case decided on December 19,2007, LexisNexis #0208-003

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