Skip to main content

§ 363

Norrenberns Foods, Inc., In re

Ruling
Sale of debtor's assets was approved as it was in the best interests of the estate and thecreditors and provided the best chance for maintaining operations and jobs for the debtor'semployees. (Bankr. S.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 Norrenberns Foods, Inc., In re 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 08, 2022 , LexisNexis #0822-081

Fopco, Inc., In re

Ruling
Proposed sale was accepted where the sale of the claims to a subcontractor pursuant to an offerwas in the best interests of creditors and would result in more benefit to the estate. (Bankr. D.Haw.)
Issue(s)
Use, Sale, or Lease of Property.

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

Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 01, 2022 , LexisNexis #0822-055

Open Med. Inst., In re--Spark Factor Design, Inc. v. Hjelmeset

Ruling
Bankruptcy court did not abuse its discretion as it properly evaluated the fairness andreasonableness of compromise between trustee and debtor. (B.A.P. 9th Cir.)
Issue(s)
Use, Sale, or Lease of Property.

ABI Membership is required to access the full summary of Open Med. Inst., In re--Spark Factor Design, Inc. v. Hjelmeset Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on May 26, 2022 , LexisNexis #0722-057

Eagan Avenatti, LLP, In re

Ruling
Trustee's motion for authorization to use property of the estate was denied as there wasinsufficient evidence to find that it was in the best interests of the estate. (Bankr. C.D. Cal.)
Issue(s)
Use, Sale, or Lease of Property.

ABI Membership is required to access the full summary of Eagan Avenatti, LLP, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on March 03, 2022 , LexisNexis #0422-056

Gibler, In re--Gibler v. United States

Ruling
Debtors were entitled to summary judgment allowing the sale of a one-half interest as a cotenant in property of the estate as there were no disputed issues as to the fact that the debtor'sinterest was property of the estate. (Bankr. D. Kan.)
Issue(s)
Use, Sale, or Lease of Property.

ABI Membership is required to access the full summary of Gibler, In re--Gibler v. United States Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 25, 2022 , LexisNexis #0422-079

Kenneth C. Casey, Inc., In re--Hill v. Portillo

Ruling
Trustee's deeds were void as the subject property was not authorized for sale. (Bankr. D. Colo.)
Issue(s)
Use, Sale, or Lease of Property; Notice and Hearing; Not in the Ordinary Course of

ABI Membership is required to access the full summary of Kenneth C. Casey, Inc., In re--Hill v. Portillo Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on January 28, 2022 , LexisNexis #0322-056

Caribbean Motel Corp., In re

Ruling
Court declined to prohibit the debtor from using its cash collateral as the mortgage deed forthe debtor's hotel provided the creditor a lien over rents, not room proceeds. (Bankr. D.P.R.)
Issue(s)
Use, Sale, or Lease of Property; Where Operation of Debtor’s Business is Authorized.

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

:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 05, 2022 , LexisNexis #0222-056

Royal Alice Props., LLC, In re

Ruling
Trustee could sell properties free and clear of all encumbrances and interests pursuant toapplicable nonbankrupty law, which encompassed state foreclosure law. (Bankr. E.D. La.)
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 Royal Alice Props., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on November 30, 2021 , LexisNexis #0122-057

Parsons, In re--Parsons v. Parsons

Ruling
Debtor was entitled to pursue a sale of his and co-owners' interests in the property as theproperty was not used in the production, transmission, or distribution for sale of electricenergy or natural gas for heat, light, or power. (Bankr. D. Kan.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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

Consumer opinion summary, case decided on November 23, 2021 , LexisNexis #0122-058

Brancato, In re--Pryor v. Brancato

Ruling
Motion to dismiss denied as trustee adequately plead that a sale of the estate's interest and theinterest of the debtor may result in a surplus of funds for the estate. (Bankr. E.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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

Consumer opinion summary, case decided on November 15, 2021 , LexisNexis #0122-036