Massachusetts Dept of Unemployment Assistance v. OPK Biotech LLC (In re PBBPC Inc.)
Jan
17
2013
Ruling
Bankruptcy court properly ordered sale free and clear of state unemployment department's right to tax purchaser at higher successor rate.
Procedural posture
Appellant, the Massachusetts Department of Unemployment Assistance (DUA), challenged a decision of the United States Bankruptcy Court for the District of Massachusetts, which enforced pursuant to 11 U.S.C.S. § 363(f) the sale of the debtor's assets free and clear of any interest in the assets, including the DUA's right to tax the purchaser at the debtor's unemployment contribution rate.
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Court
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Judge or Jurisdiction information not available
In re Mundy Ranch Inc.
Dec
10
2012
Ruling
Sale of land allowed free and clear of claim that was subject to bona fide dispute.
Procedural posture
Debtor, a family-owned corporation that was established under New Mexico law, filed a petition under chapter 11 of the Bankruptcy Code and sought permission to sell 32.25 acres of land it owned in New Mexico, free and clear of all interests in the property, pursuant to 11 U.S.C.S. § 363(f). A shareholder who owned 25 percent of the stock in the corporation filed an objection.
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Court
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In re CDKP Dev. Inc.
Nov
30
2012
Ruling
Debtor's motion for sale free and clear of liens denied where satisfaction could not be compelled.
Procedural posture
A chapter 11 debtor filed an emergency motion for approval of a private sale and an emergency motion to sell property free and clear of liens under 11 U.S.C.S. § 363(f).
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Court
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Haller v. Abbale (In re Abbale)
Jul
23
2012
Ruling
Creditors promised, but never issued, shares by debtor entitled to portion of proceeds of trustee's sale of debtor's existing shares.
Procedural posture
Plaintiff creditors brought an adversary proceeding seeking a determination of the extent of their interest in certain shares a limited liability company (LLC) held by the chapter 7 trustee on behalf of debtor's bankruptcy estate, and a determination of their entitlement to continued income from such shares even after the trustee sold the shares pursuant to 11 U.S.C.S. § 363.
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Court
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In re Borders Group Inc.
Sep
27
2011
Ruling
Sale of intellectual property assets free and clear and rejection of related executory contracts granted.
Procedural posture
Chapter 11 debtors filed a motion seeking approval for the sale of certain intellectual property assets free and clear of all liens, interests, claims, and encumbrances and the rejection of certain executory contracts related to those assets.
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Court
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In re Borders Group Inc.
Jul
21
2011
Ruling
Sale of book store chain's assets free and clear granted given actual or deemed consent of secured creditors.
Procedural posture
In this chapter 11 case, the debtor and debtors-in-possession (debtors) moved for an order pursuant to 11 U.S.C.S. §§ 105(a), 363, and 365 seeking approval of, among other things, the sale of certain of the debtors' assets free and clear of encumbrances, and authority to enter into an agency agreement with liquidators to conduct going out of business sales at all of the debtors' store locations.
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Court
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In re Lodge at Big Sky LLC
Jul
13
2011
Ruling
Settlement allowing trustee to operate debtor's hotel pending liquidation could be approved.
Procedural posture
Chapter 7 Trustee moved for approval of a stipulation between the Trustee and a creditor regarding preparation for the sale of 85 condominium units owned by the debtor.
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Court
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In re Pacific Dev. LC
Apr
06
2011
Ruling
Motion for sale of five parcels of real estate free and clear granted.
Procedural posture
Debtor moved the court for an order authorizing and approving its sale of five parcels of real estate free and clear of all liens, claims and encumbrances as permitted by 11 U.S.C.S. § 363(f). No party to the motion asserted an objection.
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Court
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Mid-City Bank v. Skyline Woods Homeowners Assn (In re Skyline Woods Country Club)
Feb
22
2011
Ruling
Bankruptcy Appellate Panel properly denied motion to reopen case to void state court judgment that was entitled to full faith and credit.
Procedural posture
Appellants, a corporation that purchased a golf course from the estate of a Chapter 11 debtor and its secured lender, appealed from the U.S. Bankruptcy Appellate Panel for the Eighth Circuit's (BAP) denial of their motion to reopen the closed bankruptcy proceedings in order to declare the Supreme Court of Nebraska's judgment, that the bankruptcy sale did not extinguish equitable interests in having the property maintained as a golf course, void.
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Court
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Judge or Jurisdiction information not available
In re Wolf Creek Props. LLC
Jan
21
2011
Ruling
Sale of water and sewer company assets free and clear approved.
Procedural posture
Chapter 11 debtor filed a motion seeking entry of an order under 11 U.S.C.S. § 363 authorizing and approving the sale of certain real and personal property free and clear of all liens, claims and encumbrances.
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Court
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