In re Morgan
Nov
16
2015
Ruling
Debtor's exemption in proceeds of trustee's sale of property pursuant to valuation in settlement agreement with former spouse to which debtor had not objected.
Issue(s)
Was debtor entitled to an exemption in proceeds of sale of property owned with former spouse?
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Court
:
- 11 U.S.C.
In re Thornton & Co.
Oct
02
2015
Ruling
Debtor needed to obtain court approval prior to liquidating all of its assets for the benefit of a single secured creditor.
Issue(s)
Could cash collateral budget proposing collection of accounts receivable and sale of all remaining assets for the benefit of a single secured creditor be approved?
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Court
:
In re Art & Architecture Books of the 21st Century
May
29
2015
Ruling
Debtor authorized to sell property outside of ordinary course of business and outside of chapter 11 plan.
Issue(s)
Could debtor sell real property and improvements outside of the ordinary course of business and outside the terms of its chapter 11 plan?
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Court
:
- 11 U.S.C.
In re Barfield
Jan
29
2015
Ruling
Successor trustee's motion to confirm sale of estate property improperly conducted by original trustee and disburse proceeds denied absent complete accounting.
Issue(s)
Could successor trustee's motion for order confirming sale of property by prior trustee be granted despite the fact that the sale was conducted by the prior trustee while an objection to the sale was pending and before a hearing on the objection could occur?
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Court
:
In re Mannone
May
20
2014
Ruling
Approval of trustee's sale of debtor's homestead denied absent benefit to creditors.
Issue(s)
Should trustee's proposed sale of debtor's residence subject to undersecured mortgage lien be approved where any proceeds would first be subject to debtor's homestead exemption?
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Court
:
- 11 U.S.C.
Rose v. Logan
Mar
25
2014
Ruling
Shareholder of debtor lacked standing to appeal order for sale of estate property.
Issue(s)
Did trustee's failure to obtain an appraisal of property and alleged misrepresentation of a realtor's opinion of value as an appraisal warrant reversal of the bankruptcy court's orders pertaining to trustee's sale of debtor's real property?
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Court
:
In re Copenhaver Inc.
Mar
11
2014
Ruling
Debtor's motion to employ former president and current director as consultant and chief restructuring officer denied.
Issue(s)
Could debtor, an outsourcer of premise-related products and services for businesses, employ former president, a current director and employee, as consultant and chief restructuring officer?
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Court
:
In re Bryan
Sep
03
2013
Ruling
Trustee's sale of estate property approved absent substantive objection by debtor.
Issue(s)
Could debtors, whose final bid on estate property sold by trustee did not meet or exceed the highest bid at sale, make another "final" bid through an objection to the sale.
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Court
:
- 11 U.S.C.
In re MF Global Inc.
Oct
02
2012
Ruling
Assignment of debtor's malpractice claims to customer representatives approved as appropriate exercise of business judgment.
Procedural posture
Movant, the SIPA liquidation trustee of debtor, sought approval of a continuing cooperation and assignment agreement with customer representatives of the debtors' clients, whereby the customer representatives were assigned the right to pursue claims against third parties who had provided professional services to the debtor. Objector, an accounting and auditing firm, challenged the motion, asserting claims against it were not assignable.
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Court
:
In re West Coast Prop. Consultants
Nov
29
2011
Ruling
Motion for sale of property outside of ordinary course of debtor's business granted due to compelling circumstances.
Procedural posture
Before the court was debtor's ex parte motion for an order (1) to sell property not in the ordinary course, (2) free and clear of all liens, claims, and encumbrances, and (3) to approve sale as a "good faith" purchase. No objection was filed.
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Court
: