bankruptcy-sale

6 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-463 Clean Air Car Service & Parking Branch Three, LLC v. Clean Air Car Service & Parking Branch Two, LLC, et al. Second Circuit 2025-10-16 Denied bankruptcy-jurisdiction bankruptcy-sale good-faith-purchaser rooker-feldman subject-matter-jurisdiction ucc-sale There are two issues presented for review: (1) whether the Bankruptcy Court has subject matter jurisdiction over a bankruptcy petition under 28 U.S.C…
23-1157 Robert W. Remmert v. Briar Capital Working Fund Capital, L.L.C., as Assignee of South Coast Supply Company Fifth Circuit 2024-04-24 Denied Response Waived 11-usc-547 avoidance-action avoidance-powers bankruptcy-estate bankruptcy-preference bankruptcy-sale estate-standing fifth-circuit res-nova standing statutory-powers Whether an avoidance action can be sold and whether the sale will confer standing on the purchaser to prosecute the avoidance action
23-148 SR Construction, Inc. v. RE Palm Springs II, LLC, et al. Fifth Circuit 2023-08-16 Denied Response Waived adverse-claims bankruptcy-code-363(m) bankruptcy-estate bankruptcy-sale foreclosure good-faith good-faith-purchaser section-363(m) superior-lien Whether a purchaser with notice of adverse claims that the property is not part of the bankruptcy estate and is subject to foreclosure based on a supe…
19-555 R. Ray Fulmer, II v. Fifth Third Equipment Finance Company, et al. Eighth Circuit 2019-10-30 Denied Response Waived asset-valuation bankruptcy-auction bankruptcy-code-section-363 bankruptcy-sale chapter-7 collateral-attack creditor-rights fiduciary-duties fiduciary-duty jurisdictional-error non-jurisdictional-error priority-distribution priority-violation priority-violations Whether a final 11 U.S.C. §363 sale order that distributes assets in violation of priority is unenforceable due to jurisdictional error
18-988 RPD Holdings, L.L.C. v. Tech Pharmacy Services, dba Advanced Pharmacy Services Fifth Circuit 2019-01-29 Denied Response Waived asset-assumption asset-valuation assumption-and-assignment assumption-assignment bankruptcy-code bankruptcy-sale bankruptcy-trustees collateral-attack executory-contract finality-of-bankruptcy-sales patent-law patent-license What happens to an undisclosed executory contract under the Bankruptcy Code?
18-957 NextEra Energy, Inc. v. Elliott Associates, L.P., et al. Third Circuit 2019-01-24 Denied Amici (1) 11-usc-363 11-usc-503 bankruptcy bankruptcy-court bankruptcy-law bankruptcy-sale breakup-fee business-judgment-rule circuit-split debtor section-363 section-503 Whether a debtor's decision to agree to a negotiated breakup fee should be reviewed under the business judgment rule or a heightened standard