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§ 363(m)

Stak Design, Inc., In re

Ruling
Court approved the sale of substantially all of the assets of debtor's bankruptcy estate free andclear of liens as the purchaser was a good faith buyer. (Bankr. N.D. Tex.)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

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Commercial opinion summary, case decided on March 12, 2020 , LexisNexis #0420-081

Motors Liquidation Co., In re

Ruling
Court held that the new company could not be liable for punitive damages based solely ondebtor's conduct under a successor liability theory. (Bankr. S.D.N.Y.)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

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Commercial opinion summary, case decided on July 10, 2019 , LexisNexis #0919-031

Sneed Shipbuilding, Inc., In re--New Indus. v. Byman

Ruling
Creditor's appeal from bankruptcy court's order approving the settlement and sale of thedebtor's shipbuilding business was properly dismissed because the appeal was moot. (5th Cir.)
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 February 05, 2019 , LexisNexis #0319-029

Maximus III Props., LLC, In re

Ruling
Objection to claim sustained where claimant did not meet its burden of persuasion when itfailed to produce the original documentation with the debtor's signature. (Bankr. M.D. Pa.)
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 July 24, 2018 , LexisNexis #0918-005

Corbett, In re

Ruling
Purchaser's status as a good faith purchaser was not challenged explicitly by the parties, thus making the said sale effectively immune from challenge. (Bankr. D. Mass.)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

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Consumer opinion summary, case decided on February 12, 2018 , LexisNexis #0318-096

Old Cold LLC, In re--Mission Prod. Holdings, Inc. v. Old Cold LLC

Ruling
Court affirmed bankruptcy court order that the winning bidder is a good faith purchaser asthere was no evidence to show misconduct or collusion in sales process by debtor andwinning bidder. (1st Cir.)
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 January 12, 2018 , LexisNexis #0218-065

Pursuit Capital Mgmt., LLC, In re--Pursuit Capital Mgmt. Fund I, L.P. v. Burtch

Ruling
Appeal of sale order was dismissed as a finding that the trustee lacked authority to transfer the causes of action would affect its validity and demonstrate that the sale was flawed. (3d Cir.)
Issue(s)
Effect of Discharge; Presumption of Undue Hardship.

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Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 24, 2017 , LexisNexis #1217-037

C.W. Mining Co., In re--Rhino Energy LLC v. C.O.P. Coal Dev. Co.

Ruling
Court ruled that all orders mooted by § 363(m) are final for purposes of collateral estoppel.(Bankr. D. Utah)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

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Commercial opinion summary, case decided on September 13, 2017 , LexisNexis #1017-069

Mission Prod. Holdings v. Old Cold, LLC (In re Old Cold, LLC)

Ruling
Order approving sale of debtor’s assets affirmed. (B.A.P. 1st Cir.)
Issue(s)
Use, Sale, or Lease of Property; Protection for Good Faith Purchasers.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 25, 2016 , LexisNexis #1116-081

Adeli v. Barclay (In re Berkeley Del. Court, LLC)

Ruling
Bankruptcy court acted within discretion in applying § 363 to sale of claims pursuant toapproved settlement. (9th Cir.)
Issue(s)
Did the district court err in dismissing debtor’s owner’s appeal of settlement as moot in light of the owner’s failure to seek stay of sale order?

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:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 23, 2016 , LexisNexis #0916-046