§ 363

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

In re Beechgrove Redevelopment LLC

The debtors filed for relief under chapter 11, and the debtors' bankruptcy proceedings were jointly administered. The debtors sought orders authorizing the use of cash collateral pursuant to 11 U.S.C. § 363(c), and sought to schedule a final hearing pursuant to Fed. R. Bankr. P. 4001 for use of the cash collateral. The debtors also sought authorization of postpetition financing.
Ruling: 
Debtors allowed to use cash collateral and obtain postpetition financing in accordance with specific terms and conditions.
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Commercial case opionion summary, case decided on December 13,2007, LexisNexis #0208-042

In re Ng

Before the court was a motion for a stay pending appeal of the court's September 28, 2007 order requiring that a person who had interests in a certain real property (movant) turn over possession of the real property.
Ruling: 
Sale free and clear of debtor's interests extinguished all remaining rights in property.
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Consumer case opionion summary, case decided on December 13,2007, LexisNexis #0108-115

In re OccMeds Billing Servs.

A bankruptcy debtor in possession, a medical billing company, modified its business model to ease cash flow problems by ceasing to make advance payments to clients in anticipation of insurance proceeds, and by collecting amounts due from insurers or patients only as an agent for the clients. The debtor moved pursuant to 11 U.S.C. § 363(c) to use the cash collateral of a secured creditor.
Ruling: 
Debtor could not use cash collateral to ease cash flow problem where creditor's interest could not be adequately protected.
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Commercial case opionion summary, case decided on December 01,2007, LexisNexis #0108-074

Haughton v. Alipio (In re Alipio)

Movants, an individual and a corporation, as a nominee for a mortgage company, reopened a former chapter 7 proceeding against respondent debtor after the debtor had received a discharge. The movants filed a motion to annul an automatic stay of the state court foreclosure proceedings pending on the debtor's condominium unit.
Ruling: 
Strict foreclosure conducted by condominium association without notice of bankruptcy was void.
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Consumer case opionion summary, case decided on November 29,2007, LexisNexis #0108-092

In re Samaritan Alliance LLC

The debtors were a limited liability company and related entities that operated a hospital. When the debtors filed for relief under chapter 11, the purchaser bought the hospital at a sale under 11 U.S.C. § 363. A dispute arose between the purchaser and a sub-tenant that operated a 34-bed skilled nursing facility ("SNF") concerning the continued operation of the SNF.
Ruling: 
Subtenants continued to have possessory interest in lease with debtors.
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Commercial case opionion summary, case decided on November 21,2007, LexisNexis #1207-074

In re Large Scale Biology Corp.

Chapter 11 debtor filed a motion to approve an auction process and the sale and assignment of certain patents and patent applications pursuant to 11 U.S.C. § 363(f) free and clear of all liens, claims, interests, and other encumbrances.
Ruling: 
Free and clear auction of patents and patent applications approved.
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Commercial case opionion summary, case decided on November 14,2007, LexisNexis #0108-116

Olson v. Anderson (In re Anderson)

Appellant, the trustee in bankruptcy, sought review of an order of the Bankruptcy Court for the Western District of Michigan that disapproved a settlement agreement as to certain real property between the trustee and the debtors upon the court's conclusion that the debtors'unchallenged exemption of the property removed it, in its entirety, from the bankruptcy estate, invalidating the settlement.
Ruling: 
Trustee could not sell debtor's half interest in hunting cabin claimed as exempt with no objections to the exemption.
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Consumer case opionion summary, case decided on November 07,2007, LexisNexis #1107-097

In re Romano

Chapter 7 trustee filed a motion to sell the debtor's residence at public auction, pursuant to 11 U.S.C. § 363(b) and (f). The debtor filed a motion to amend his exemption claims, so as to declare his residence exempt under state law.
Ruling: 
Trustee's motion to sell debtor's residence denied due to failure to file adversary proceeding.
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Consumer case opionion summary, case decided on October 11,2007, LexisNexis #1107-096

In re Bombay Co.

The debtors in possession, related retail entities, filed for relief under chapter 11. The debtors filed a motion to approve a bid procedure and process for liquidation of certain assets, pursuant to 11 U.S.C. § 363. Some of the debtors'landlords opposed the motion. The court held a hearing and issued findings and conclusions.
Ruling: 
Liquidation procedure with shortened notce provision approved given support of unsecured creditors'committee and major secured creditors.
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Commercial case opionion summary, case decided on September 26,2007, LexisNexis #1007-107

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