Skip to main content

§ 157(b)(2)(N)

Storage, Inc.

Ruling
Motion to dismiss in favor of arbitration denied where bankruptcy court had sole andexclusive jurisdiction to authorize sale of assets. (Bankr. D. Del.)
Issue(s)
Procedures; Title 11 Cases and Core Proceedings; Core Proceedings;

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

Commercial opinion summary, case decided on July 15, 2020 , LexisNexis #0920-019

Moshannon Valley Citizens v. Rosewood Real Estate Inc. (In re Moshannon Valley Citizens Inc.)

Ruling
Action by debtor-in-possession against prospective purchaser for breach of contract was a core proceeding.
Procedural posture

Debtor-in-possession, the operator of a hospital, filed a Complaint seeking injunctive relief and damages for breach of contract against prospective purchasers of the hospital. The complaint alleged that the prospective purchasers were in breach of the purchase agreement and related security agreements.

ABI Membership is required to access the full summary of Moshannon Valley Citizens v. Rosewood Real Estate Inc. (In re Moshannon Valley Citizens Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on February 25, 2009 , LexisNexis #0509-056

In re GWLS Holdings Inc.

Ruling
Credit bid sale allowed free and clear of liens.
Procedural posture

The bankruptcy court authorized a credit bid sale of substantially all of the chapter 11 debtors' assets. The sale order stipulated that the purchased assets remained subject to a lien in favor of the first lien lenders, pending further order as to whether such claim could be credit bid and whether the debtors' assets could be sold free and clear of such lien. The parties submitted supplemental memoranda.

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

Commercial opinion summary, case decided on February 23, 2009 , LexisNexis #0409-096