Spanish Peaks Holdings II, LLC,In re--Pinnacle Rest. at Big Sky, LLC v. CH SP Acquisitions
Sep
12
2017
Ruling
Trustee's sale of a debtor's property was free and clear of unexpired leases as panel held that§ 363(f) applied and did not conflict with § 365 because the trustee did not reject either leasebefore he sold debtor's property. (9th Cir.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.
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Judge or Jurisdiction information not available
Railyard Co., In re
Jun
14
2017
Ruling
Court granted trustee permission to resell debtor LLC's bowling equipment free and clear ofall interests for sound business reasons. (Bankr. D.N.M.)HOLDNGS
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.
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Court
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Gloucester Espresso, Inc., In re
May
16
2017
Ruling
Creditors' claims allowed as general unsecured claims with respect to the debtor's liquorlicense and the proceeds from its sale as creditors had no security or other interest in thatlicense. (Bankr. D. Mass.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.
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Court
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In re ARSN Liquidating Corp.
Jan
20
2017
Ruling
Purchaser's motion to enforce sale order was granted as debtor's workers' compensationexperience rating was in the nature of an interest of which the debtor's assets were sold freeand clear. (Bankr. D.N.H.)
Issue(s)
Use, Sale, or Lease of Property; When Property May Be Sold Free and Clear of Any Interest.
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Court
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In re Vista Mktg. Grp. Ltd.
Sep
12
2016
Ruling
Water reclamation district’s claim was extinguished by court-authorized sale. (Bankr. N.D. Ill.)
Issue(s)
Whether a charge imposed by the Rock River Water Reclamation District against the purchaser after the court-authorized sale was either solely a claim against debtor, or was an interest terminated by the sale under 11 U.S.C.S. § 363(f).
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Court
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- 11 U.S.C.
In re Genesys Research Inst. Inc.
Jun
24
2016
Ruling
Reconsideration of sale motion denied.
Issue(s)
Should sale of debtor’s assets free and clear be reconsidered?
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Court
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In re Motors Liquidation Co.
Apr
15
2016
Ruling
Creditor could not asset successor liability claims against purchaser of debtor's assets free and clear.
Issue(s)
Did the automatic stay apply to product liability claims against the purchaser of debtor auto manufacturer's assets free and clear?
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In re Metroplex on the Atl., LLC
Feb
24
2016
Ruling
Sale of debtor’s property including an easement with a building approved. (Bankr. E.D.N.Y.)
Issue(s)
Could property be sold under debtor’s plan free and clear of all claims and interests including an alleged easement running with the land?
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Court
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Slobodian v. Nissley (In re Nissley)
Oct
29
2015
Ruling
Trustee's sale of rural land to adjacent property owners approved over debtor's objection.
Issue(s)
Could trustee sell debtor's undeveloped, rural lot free and clear of liens and encumbrances?
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In re Old Carco LLC
Oct
08
2015
Ruling
Sale of debtor's assets free and clear barred states from calculating purchaser's unemployment insurance tax rate based on debtor's experience rating.
Issue(s)
Did the police and regulatory exception allow states to use debtor's experience rating in calculating the insurance rate for entity that purchased debtor's assets free and clear ?
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Court
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