| 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, if so, whether the sale will confer standing on the purchaser to prosecute the avoidance action even thou… |
| 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 |
Bankruptcy Code section 363(m) provides that, unless stayed pending appeal, a sale or lease of property under section 363(b) or (c) cannot be reversed… |
| 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 |
11 U.S.C. §363(m) moots claims against good faith purchasers at bankruptcy auctions if the claims invalidate the sale. In this case, the court's nonap… |
| 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 |
This case raises two important issues of first impression under the Bankruptcy Code: what happens to an undisclosed executory contract —frequently a v… |
| 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 as part of a sale transaction should be reviewed by the bankruptcy court under the de… |