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§ 363

Karr, In re

Ruling
Court authorized the turnover and sale of entire co-owned property as the appropriate meansfor liquidating the estate's one-half interest. (Bankr. N.D. Ala.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on August 29, 2023 , LexisNexis #1123-006

Diocese of Camden, In re

Ruling
Approval of a settlement between debtor and insurers, which provided for the insurers topurchase debtor’s policies, denied absent credible evidence of the value of the policies. (Bankr.D.N.J.)
Issue(s)
Use, Sale, or Lease of Property.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 29, 2023 , LexisNexis #1023-080

DeCurtis Holdings LLC, In re--Carnival Corp. v. DeCurtis Holdings LLC

Ruling
Debtor software developer enjoined from sale, disclosure, or use of the creditor client'sintellectual property as incorporated into software assets. (Bankr. D. Del.)
Issue(s)
Use, Sale, or Lease of Property.

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Commercial opinion summary, case decided on August 09, 2023 , LexisNexis #1023-009

ESJ Towers, Inc., In re

Ruling
Creditor was not entitled to adequate protection as it failed to show that it had a perfectedsecurity interest in the subject collateral. (Bankr. D.P.R.)
Issue(s)
Use, Sale, or Lease of Property.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 09, 2023 , LexisNexis #0923-082

Speedcast Int'l LTD, In re--Inmarsat Global LTD v. Speedcast Int'l LTD

Ruling
Bankruptcy court did not err in concluding that a creditor had released its claim for a shortfallamount under a strategic alliance agreement. (5th Cir.)
Issue(s)
Use, Sale, or Lease of Property.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 03, 2023 , LexisNexis #0923-081

Midtown Dev., LLC, In re

Ruling
Secured creditor's credit bid recognized as highest and best by the court on the creditor’sobjection on being denied the right to bid by the auction company. (Bankr. N.D. Iowa)
Issue(s)
Use, Sale, or Lease of Property; Bids by Secured Creditor.

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Commercial opinion summary, case decided on August 01, 2023 , LexisNexis #0923-061

Skandis, In re

Ruling
Chapter 7 trustee was entitled to an order invalidating a notice of lis pendens recorded with acounty register of deeds where the court had entered a sale order recognizing the good faithpurchasers. (Bankr. W.D. Mich.)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

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Consumer opinion summary, case decided on July 31, 2023 , LexisNexis #0923-083

Bouchard Transp. Co., In re--Off. Comm. of Unsecured Creditors v. Bouchard Transp. Co.

Ruling
Payments were lawful as they provided an actual benefit to the estate and were issued in thereasonable exercise of business judgment. (5th Cir.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 25, 2023 , LexisNexis #0923-060

MOAC Mall Holdings LLC v. Transform Holdco LLC

Ruling
The safe harbor of § 363(m) is not jurisdictional and does not bar appellate review of orders integral to court-ordered sale that were not stayed pending appeal. (Supreme Court)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on April 19, 2023 , LexisNexis #0623-003

Simply Essentials, LLC, In re

Ruling
Trustee was not able to sell the lawsuit asset that had been sold previously pursuant to asset purchase agreement. (Bankr. N.D. Iowa)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of Business.

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Commercial opinion summary, case decided on April 11, 2023 , LexisNexis #0623-028