Gayety Candy Co., In re--Liebowitz v. Kalamata Capital Grp. LLC
Feb
05
2021
Ruling
IRS had a senior secured claim to the proceeds of debtor's assets not segregated under saleorder superior to state's inchoate interest. (Bankr. N.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any
ABI Membership is required to access the full summary of Gayety Candy Co., In re--Liebowitz v. Kalamata Capital Grp. LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Giga Watt, Inc., In re
Oct
20
2020
Ruling
Bankruptcy estate had a legal and/or equitable interest in equipment as debtor and Chapter11 trustee exclusively maintained possession and control of the property and excludedothers from possessing or controlling the property. (Bankr. E.D. Wash.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any
ABI Membership is required to access the full summary of Giga Watt, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Sherwin Alumina Co., LLC, In re--Sherwin Pipeline, Inc. v. Sherwin Alumina Co., LLC
Feb
27
2020
Ruling
Bankruptcy court approved a sale "free and clear" of encumbrances including the state’sinterest. (5th Cir.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any
ABI Membership is required to access the full summary of Sherwin Alumina Co., LLC, In re--Sherwin Pipeline, Inc. v. Sherwin Alumina Co., LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
:
Judge or Jurisdiction information not available
Tm Vill., In re
Feb
28
2019
Ruling
Court granted debtor's motion to sell condominiums free and clear of mechanic’s andmaterialmen’s liens that were adequately protected. (Bankr. N.D. Tex.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any
ABI Membership is required to access the full summary of Tm Vill., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
SoyNut Butter Co., In re
Aug
01
2018
Ruling
Objecting parties were entitled to exercise their right to seek indemnification and defense under the insurance policy until the policy limits were exhausted as nothing authorized the trustee to use "free and clear" sales to expand debtor's rights beyond those allowed by the bankruptcy code. (Bankr. N.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.
ABI Membership is required to access the full summary of SoyNut Butter Co., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Mt. Divide, LLC, In re
Apr
30
2018
Ruling
Motion to enforce sale order was denied as disqualified bidder's counterclaims were notinterests from which movants were protected. (Bankr. D. Mont.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of An Interest.
ABI Membership is required to access the full summary of Mt. Divide, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Gawker Media LLC, In re
Dec
12
2017
Ruling
Court's sale order did not bar plaintiffs from prosecuting post-sale claims. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.
ABI Membership is required to access the full summary of Gawker Media LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Barstad, In re
Dec
01
2017
Ruling
Debtors' sale motion was denied as Ninth Circuit prohibits the sale of the property withoutquestions regarding the extent of the interests of the estate and others being previouslyadjudicated. (Bankr. D. Mont.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.
ABI Membership is required to access the full summary of Barstad, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
La Paloma Generating, Co., In re
Nov
09
2017
Ruling
Purchaser did not have successor liability for the Debtor Emission Surrender Obligations. (Bankr. D. Del.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.
ABI Membership is required to access the full summary of La Paloma Generating, Co., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Knight, In re
Nov
06
2017
Ruling
Trustee was not entitled to sell property in question clear from judgment liens as he did not provide any authority establishing that he could do so freely. (Bankr. D.S.C.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest; Interest in a Bona Fide Dispute.
ABI Membership is required to access the full summary of Knight, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: