Castaic Partners II LLC v. DACA-Castaic LLC (In re Castaic Partners II LLC)
May
23
2016
Ruling
Appeal dismissed as there was no case or controversy after underlying bankruptcy case was dismissed.
Issue(s)
Should appeal arising out of bankruptcy case that was dismissed be dismissed as moot?
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Court
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Judge or Jurisdiction information not available
In re LCI Holding Co.
Sep
14
2015
Ruling
Proceeds of the sale of debtor's property were not property of the estate and could not be distributed to creditors.
Issue(s)
Whether certain payments by a § 363 purchaser in connection with acquiring the debtors' assets should be distributed according to the Bankruptcy Code's creditor-payment hierarchy?
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Court
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Judge or Jurisdiction information not available
In re Impulse LLC
May
16
2014
Ruling
Sale of property by debtor in possession approved.
Issue(s)
Should debtor in possession's motion for approval of sale of property free and clear be granted?
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Court
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Rushton v. ANR Co. (In re C.W. Mining Co.)
Jan
22
2014
Ruling
Dismissal of coal company's appeal of order for sale of debtor's assets affirmed, but dismissal of miner's appeal reversed.
Issue(s)
Did district court properly dismiss appeals of sale order by coal company and individual miner on grounds of mootness.
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Court
:
Judge or Jurisdiction information not available
Newco Energy v. Energytec Inc. (In re Energytec Inc.)
Dec
31
2013
Ruling
Sale of pipeline free and clear set aside.
Issue(s)
Did bankruptcy court err in holding that sale of debtor's pipeline was free and clear of creditor's claim for fees and interest.
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Court
:
Judge or Jurisdiction information not available
Sears v. U.S. Trustee (In re AFY)
Oct
23
2013
Ruling
Appeals of sale order by shareholders of S corporation that had not objected to terms of sale of estate property properly dismissed.
Issue(s)
Did bankruptcy court err in dismissing appeals of sale orders by shareholders of S corporation.
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Court
:
Judge or Jurisdiction information not available
In re THQ Inc.
Jan
24
2013
Ruling
Asset purchase agreement with bidder with one of highest and best offers approved.
Procedural posture
Debtors and debtors in possession asked the court to approve a proposed Asset Purchase Agreement (APA) by which they proposed to sell substantially all of their assets free and clear of liens, claims, encumbrances and other interests, to a buyer and also asked the court to find that the buyer was purchasing them in good faith within the meaning of 11 U.S.C.S. § 363(m).
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Court
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SHF Holdings LLC v. Allamakee County (Agriprocessors Inc.)
Jan
17
2012
Ruling
Buyer of debtor's property that knew of unscheduled tax lien prior to sale was not a good faith purchaser.
Procedural posture
County moved for summary judgment on the complaint of the buyer of substantially all of the debtor's assets, which sought a declaration that the county's tax liens on real property the buyer purchased from the debtor were void and unenforceable against the buyer. The county also moved under Fed. R. Civ. P. 60(b) seeking to set aside the order allowing sale of substantially all of the debtor's property free and clear of liens.
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Court
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In re River West Plaza-Chicago LLC
Dec
22
2011
Ruling
Appeal of disallowance of secured claim was moot where creditor did not obtain stay of sale of real estate or appeal confirmation order.
Procedural posture
A bankruptcy court disallowed appellant creditor's claim, approved the sale of the debtor's shopping center, and confirmed the liquidation plan. The U.S. District Court for the Northern District of Illinois, Eastern Division, found the creditor did not obtain a stay of the sale or challenge the buyer's status as a good-faith purchaser, and dismissed his appeal as 11 U.S.C.S. § 363(m) rendered his appeal of the disallowance order moot.
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Court
:
Judge or Jurisdiction information not available
In re NAMCO Capital Group Inc.
Jun
07
2011
Ruling
Trustee's sale that involved lien-stripping was insulated from judicial review.
Procedural posture
Appellant creditor challenged a decision of the U.S. Bankruptcy Court for the Central District of California, which authorized the sale of a wrap around note and trust deed free of the creditor's note and interest.
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Court
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