Co., Inc., 396 F.3d 737, 741-42 (6th Cir.2005) (finding that ยง 363(m) encourage[s] participation in bankruptcy asset sales and increase[s] the value of property of the estate by protecting good faith purchasers from modification by an appeals court of the bargain struck with the debtor).
the doctrine of lis pendens does not apply to personal property and because WaMu did not perfect its interest in the manufactured home prior to the debtor filing for bankruptcy protection, the trustee as a hypothetical judgment lien creditor obtains priority and the lien is avoidable. Cessna Fin.
, In this appeal, Ford Motor Credit Company, LLC (Ford) seeks reversal of an order entered sua sponte by the bankruptcy court disapproving an attorney certified reaffirmation agreement entered into by Ford and Sean Brant Morton (Debtor)., The court's conclusions of law are reviewed de novo.
, United States Bankruptcy Appellate Panel of the Sixth Circuit.ORDER, King Spalding LLP appeals the bankruptcy court's order of April 29, 2008, denying *208 the debtors' application to approve its employment. 669, 66 L. Ed. 2d 571 (1981). Therefore, the Panel lacks jurisdiction.
, In re Honor Friesner, Debtor., United States Bankruptcy Appellate Panel of the Sixth Circuit. We therefore affirm the bankruptcy court's decision for the reasons stated by that court in its well-written opinion entered in Hardesty v. Citifinancial, Inc. (In re Roberts), 402 B.R.
), New South answered the original complaint and asserted that the mortgage was validly recorded because Honaker was a duly appointed and lawful notary, and, if she was not, she was a de facto notary pursuant to Kentucky law., All three parties filed motions for summary judgment.
After conducting such a review in this appeal, the Panel finds the bankruptcy court's Memorandum Opinion Denying Plaintiff's Motion for Summary Judgment and Granting Defendant's Cross-Motion for Summary Judgment contains a complete and well-reasoned analysis of applicable law.
The bankruptcy court also concluded that the sale of Hake's interests in Tuller and Hake Contracting would not violate a provision of the partnership agreement of Woodland Park that prohibits transfers of limited partnership interests without general partner consent. See Engel, 703 F.2d at 134-35.
[5] The Trustee's timely appeal of both the order granting summary judgment, and the order vacating the earlier default judgment followed., [5] The Trustee and First Liberty filed cross motions for summary judgment prior to Countrywide filing its motions for partial summary judgment.
Because the appeal had not yet been docketed with the bankruptcy appellate panel in accordance with Rule 8007(b) when the Debtor filed her motion for certification, the motion should have been filed with the bankruptcy court. order ...
at 587 (applying case-by-case approach);) The court then explained that Rule 2003(e) requires objective notice by the trustee of his intent to adjourn the meeting, notice which must be written unless the trustee gives specific oral notice of a new date and time for the meeting to everyone present.
407 B.R. 442 (2009), IN RE MIDWAY MOTOR SALES, INC., GENERAL MOTORS ACCEPTANCE CORP., v., FLYNN., Nos. 08-8109, 08-8110, 04-42726., United States Bankruptcy Appellate Panel for the Sixth Circuit., July 6, 2009., Decision without published opinion. Affirmed.
Code Ann. Clearly, the Macdonalds' claims against the Debtor for additional costs and expenses, including attorney's fees, based on the July Agreement arose out of the same transaction or series of connected transactions that resulted in the judgment of the Chancery Court confirming the Award.
421 B.R. 602 (2009), IN RE OAKLEY;, DOUCET, v., DRYDOCK COAL CO., No. 08-8103, 03-59297., United States Bankruptcy Appellate Panel for the Sixth Circuit., June 18, 2009., Decision Without Published Opinion Affirmed.
According to Mark Oakley's testimony, although the Appellants could not locate any documents, Margaret Galvin agreed to the 1981 Agreement at that time, and all shareholders agreed to the transfer of stock to her. Drydock and the law practice shared common office space. Minster Farmers Coop.
421 B.R. 602 (2009), IN RE BARNHILL'S BUFFET, INC.;, SCS GENERAL CONTRACTORS, INC., v., WELLS FARGO BANK, N.A., No. 08-8096, 08-8097, 07-08948., United States Bankruptcy Appellate Panel for the Sixth Circuit., August 5, 2009., Decision Without Published Opinion Affirmed.
421 B.R. 602 (2009), IN RE BECKHAM;, MONTEDONICO, v., BECKHAM., No. 08-8054, 05-31061., United States Bankruptcy Appellate Panel for the Sixth Circuit., June 19, 2009., Decision Without Published Opinion Affirmed.
407 B.R. 442 (2009), IN RE OLIVER., OLIVER, v., BankFIRST FINANCIAL SERVICES., Nos. 08-8053, 08-12528., United States Bankruptcy Appellate Panel for the Sixth Circuit., February 17, 2009., Decision without published opinion. Affirmed.
407 B.R. 442 (2009), IN RE DIRKS., SLONE, v., DIRKS., Nos. 08-8031, 06-30529., United States Bankruptcy Appellate Panel for the Sixth Circuit., January 16, 2009., Decision without published opinion. Affirmed.
In the first two claims, the trustee seeks to recover the note payments that Omega made to the Buonpanes during the one and four years preceding Omega's bankruptcy filing as fraudulent transfers under applicable federal and state law. it also allows the trustee to avoid transfers or obligations.
