C.O.P. Coal Dev. Co. v. C.W. Mining Co. (In re C.W. Mining Co.)
Apr
19
2011
Ruling
Bankruptcy court properly granted trustee extension of time to assume coal operating agreement.
Procedural posture
Appellee trustee moved for an extension of time to decide whether to assume or reject a coal operating agreement. A bankruptcy court granted the motion, thereby concluding that the agreement was property of the bankruptcy estate that the trustee could assume. The U.S. Bankruptcy Appellate Panel for the Tenth Circuit affirmed the bankruptcy court's decision. Appellant company filed an appeal. The trustee moved to dismiss the appeal as moot.
ABI Membership is required to access the full summary of C.O.P. Coal Dev. Co. v. C.W. Mining Co. (In re C.W. Mining Co.) 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
Holsinger v. Hanrahan (In re Miell)
Dec
09
2010
Ruling
Lienholder who did not object to or appeal from sale order was not entitled to relief.
Procedural posture
Plaintiff junior lienholders brought an adversary complaint against defendants, a Chapter 7 trustee and a bank. Plaintiffs sought a determination that their liens were unaffected by a sale of real property or a declaration that their liens attached to the proceeds from the sale. The United States Bankruptcy Court for the Northern District of Iowa granted the bank's motion to dismiss the complaint for failure to state a claim. Plaintiffs appealed.
ABI Membership is required to access the full summary of Holsinger v. Hanrahan (In re Miell) 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
In re Harborwalk LP
Oct
26
2010
Ruling
Chapter 11 plan confirmed including proposed sale of assets.
Procedural posture
Before the court was the confirmation of chapter 11 debtors' joint plan of reorganization.
ABI Membership is required to access the full summary of In re Harborwalk LP Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Official Comm. Of Unsecured Creditors v. Anderson Senior Living Prop. LLC (In re Nashville Senior LLC)
Sep
03
2010
Ruling
Motion for stay and appeal of sale order properly denied as moot.
Procedural posture
Appellant, the official committee of unsecured creditors, sought review of a decision of the Bankruptcy Appellate Panel of the Sixth Circuit (BAP), denying the committee's motion for a stay of sale and dismissing as moot under 11 U.S.C.S. § 363(m) the committee's appeal of the bankruptcy court's approval of a sale of co-owned properties under § 363(b) and (h) by appellees, the debtors in possession.
ABI Membership is required to access the full summary of Official Comm. Of Unsecured Creditors v. Anderson Senior Living Prop. LLC (In re Nashville Senior LLC) 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
Polaroid Corp. v. United States Trustee
Jul
09
2010
Ruling
Challenge to sale of assets dismissed as moot.
Procedural posture
The bankruptcy court approved the sale of appellee debtor's assets, free and clear of any liens, including appellant's liens of $ 300 million. Appellants motion to stay the sale pending appeal was denied, and the United States District Court for the District of Minnesota denied appellant's renewed motion. The sale closed, and the assets were transferred. Appellant filed an appeal, attacking the sale.
ABI Membership is required to access the full summary of Polaroid Corp. v. United States Trustee 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
Triangle Transp. Inc.
Dec
03
2009
Ruling
Bid of majority shareholders of debtor for purchase of assets accepted.
Procedural posture
Two groups of shareholders of the chapter 7 debtor, the majority and minority shareholders, each submitted bids to make a good faith purchase of the chapter 7 sale of assets. Those parties had been engaged in a lengthy struggle for control of the debtor which resulted in the failure of the chapter 11 reorganization of the debtor.
ABI Membership is required to access the full summary of Triangle Transp. Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Nicole Energy Servs. McClatchey
Mar
04
2009
Ruling
Appeal of asset sale order dismissed as moot where sale had been completed.
Procedural posture
Appellee bankruptcy trustee proposed a sale of appellant bankruptcy debtor's primary asset, which consisted of a contractual cause of action against the purchaser of the asset. The debtor appealed the order of the bankruptcy court for the Southern District of Ohio which approved the sale, and the trustee moved to dismiss the appeal as moot.
ABI Membership is required to access the full summary of Nicole Energy Servs. McClatchey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Musgrove
Apr
08
2008
Ruling
Conveyance of debtor's residence to bank by dation en paiement approved.
Procedural posture
Debtors and debtors in possession filed a motion seeking authority for the debtors to transfer and convey, by dation en paiement, their residence to a bank, the holder of two perfected mortgages, free and clear of all liens and encumbrances.
ABI Membership is required to access the full summary of In re Musgrove Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Hower v. Molding Sys. Engg Corp.
Apr
19
2006
Ruling
Creditor was denied motion to stay sale of debtor's assets since the sale had already occurred and creditor had not obtained a stay of the sale prior to the sale.
Procedural posture
Appellant creditor appealed from the District Court for the Southern District of Illinois which denied his motion to stay the sale of appellee debtor's assets in a bankruptcy proceeding because the sale had already taken place.
ABI Membership is required to access the full summary of Hower v. Molding Sys. Engg Corp. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Hazelbaker v. Hope Gas Inc. (In re Rare Earth Minerals)
Apr
18
2006
Ruling
Court affirmed dismissal of creditor's appeal since section 363(m) curtails appellate courts'power to undo the authorized sale of estate assets to a good faith purchaser unless the sale has been stayed pending appeal, and creditor failed to obtain such a
Procedural posture
Appellant creditor appealed from the District Court for the Northern District of West Virginia challenging the bankruptcy court's authorization of the assumption and sale of an oil and gas lease.
ABI Membership is required to access the full summary of Hazelbaker v. Hope Gas Inc. (In re Rare Earth Minerals) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member