Skip to main content

§ 363

Kovacs v. Sargent (In re Sargent)

Jan
04
2006
Ruling
Trustee as successor to the debtor's remainderman interest in property could not sell the property in which the debtor's mother had maintained a life estate interest.
Procedural posture

Plaintiff, a chapter 7 trustee, filed an action against defendants, the debtor, and a co-owner in a remainder interest in property, to obtain approval pursuant to 11 U.S.C. § 363(h) to sell the property on behalf of the bankruptcy estate. The trustee and the debtor filed cross-motions for summary judgment.

ABI Membership is required to access the full summary of Kovacs v. Sargent (In re Sargent) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on January 04, 2006 , LexisNexis #0206-032
LexisNexis Article
Learn More

In re Allied Holdings Inc.

Dec
19
2005
Ruling
Court provided that it would approve a key employee retention program with certain amendments to the program since the debtors had a sound business reason for proposing the program.
Procedural posture

Debtors, who had filed voluntary petitions under chapter 11, filed a motion for approval of a key employee retention program ("KERP") pursuant to 11 U.S.C. § 363(b). The KERP was supported by the official committee of unsecured creditors and the debtors'postpetition lenders but opposed by a union committee and the U.S. trustee.

ABI Membership is required to access the full summary of In re Allied Holdings Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on December 19, 2005 , LexisNexis #0306-014
LexisNexis Article
Learn More

Genova v. ESM Realty Trust (In re Stoll)

Sep
30
2005
Ruling
Beneficiaries, including the debtor, were deemed joints tenants in common of the assets of a trust, and the trustee was permitted to sell the trust property to obtain the estate's interest in the trust.
Procedural posture

Plaintiff, the chapter 7 trustee, sued defendants, two trusts and three individuals, including debtor, who each held a one-third interest in the trusts. The trustee alleged two causes of action. The first cause of action was for turnover of property of the bankruptcy estate pursuant to 11 U.S.C. § 542. The second sought a sale of the trusts'property pursuant to 11 U.S.C. § 363(h). The parties filed a motion for summary judgment.

ABI Membership is required to access the full summary of Genova v. ESM Realty Trust (In re Stoll) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 30, 2005 , LexisNexis #0106-111
LexisNexis Article
Learn More

In re Toms Foods Inc.

Sep
23
2005
Ruling
Expedited motion authorizing scheduling of auction of most of debtor's assets was granted since sale would later have to be reviewed and approved by the court.
Procedural posture

The chapter 11 debtor in possession filed an expedited motion for authorization to schedule an auction for the sale of substantially all of the debtor's assets free and clear of all liens, claims, and interest. The motion also requested approval of certain bidding procedures which would govern the auction.

ABI Membership is required to access the full summary of In re Toms Foods Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

opinion summary, case decided on September 23, 2005 , LexisNexis #0106-043
LexisNexis Article
Learn More
Subscribe to %1