§ 363

In re La Ruche Imps. Inc.

A chapter 11 bankruptcy debtor moved pursuant to 11 U.S.C. § 363(c)(2)(B) for authority to use the cash collateral of a creditor to finance its continued operations and reorganization, and the creditor opposed the motion.
Ruling: 
Chapter 11 debtor with reasonable chance of successful reorganization could use cash collateral to finance operations.
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In re Renteria

The bankruptcy court previously entered an order approving the sale of debtors' property (sale order). The debtors appealed and sought a stay of the sale order, but the Bankruptcy Appellate Panel for the Ninth Circuit denied the debtors'request for a stay of the sale order and the property was sold. The issue was whether the court had jurisdiction to issue any further orders regarding claims to the sale proceeds from the property.
Ruling: 
Bankrutpcy court lacked jurisdiction to reconsider sale order where debtors had no protectable interest in property and sale had taken place.
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HSBC Bank USA v. United Air Lines Inc. (In re UAL Corp.)

Chapter 11 secured creditor filed a motion pursuant to Fed. R. Civ. P. 59(e) to alter or amend the court's judgment, which determined the value of a security interest that creditor held in debtor's lease of maintenance space at an airport. Creditor sought an award of adequate protection pursuant to 11 U.S.C. § 363(e).
Ruling: 
Plan confirmation rendered creditor's argument for adequate protection moot.
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In re Oglesby

A chapter 7 trustee filed a petition to sell certain real property of a debtor's estate under 11 U.S.C. § 363(b)(1) and to employ a professional to conduct the auction of the property.
Ruling: 
Debtor's remainder interest in real property which merged with life interest postpetition was a fee simple interest fully subject to sale by trustee.
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In re Premiere Entertainment Biloxi LLC

Chapter 11 debtors filed a motion pursuant to 11 U.S.C. § 363(c) and Fed. R. Bankr. P. 4001(b) for an order authorizing the use of cash collateral on an interim basis. Creditors filed objections to the motion.
Ruling: 
Debtor allowed to use insurance proceeds to rebuild casino resort damaged by Hurrican Katrina.
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In re Smith

The chapter 7 trustee filed a motion for authority to sell assets free and clear of liens by sealed bid. Prior to filing the instant motion for authority to sell, the trustee filed a previous motion and a potential buyer submitted an offer. The potential buyer objected to the instant motion alleging that he and the trustee had an agreement to sell the property with the only contingency being court approval of the sale.
Ruling: 
Objection to trustee's motion to sell assets overruled where objector's alleged prior agreement with trustee could not have been entered into absent court approval.
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In re Van Stelle

Before bankruptcy debtors'chapter 13 plan was confirmed, the debtors'vehicle which was subject to a security interest was in an accident and declared a total loss. After the plan was confirmed, the bankruptcy trustee received an insurance settlement check, payable to both the debtors and the secured creditor, and the debtors moved for leave to use the insurance proceeds to purchase a replacement vehicle.
Ruling: 
Insurance proceeds from totalled vehicle were not property of the estate and could not be used to purchase replacement vehicle without creditor's consent.
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In re Northwestern Corp.

Before the court was an appeal by appellants, investment companies, from the order issued by the bankruptcy court, denying the companies'motion filed pursuant to Fed. R. Bankr. P. 9019 seeking approval of a global compromise and settlement in appellee debtors'chapter 11 case.
Ruling: 
An amendment should have been necessary for settlement that diluted plan distributions but could not be ordered on appeal due to substantial consummation.
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Baerga v. Solomon Bros. Realty Corp. (In re Raven)

After a court entered a default judgment in favor of defendant creditor in its action for collection of money and foreclosure of a mortgage against plaintiff debtor, the court entered a default judgment in the debtor's adversary proceeding alleging that the underlying debt had been discharged before the mortgage lien securing its payment was registered. The debtor filed a motion for entry of judgment and for damages.
Ruling: 
Debtor awarded punitive damages for creditor's knowing violation of discharge injunction and damages for emotional disturbance of being served at financial insitution where she worked as loan officer.
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In re DeCelis

In an adversary proceeding, a trustee obtained a default order declaring that the transfer by defendant debtor to defendant co-owner of an interest in a house was void. After learning that the debtor and the co-owner acquired title to the subject property as tenants in common from the same grantors in a single deed, the trustee filed a motion to sell the property free and clear of the co- owner's interest pursuant to 11 U.S.C. § 363(f).
Ruling: 
Trusteecould not sell property free and clear of co-owner's interest absent co-owner's affirmative consent.
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