§Why CasetextPricing

Gregory Jay Lundberg and Constance Louise Lundberg

Motion to Assume Lease or Executory Contract, Motion For Sale of Property Free and Clear of Liens under Section 363

17 Cited authorities

  1. Smith v. Van Gorkom

    488 A.2d 858 (Del. 1985)   Cited 340 times   19 Legal Analyses
    Holding that board members who voted to approve a merger without reviewing any documentation regarding the adequacy of the proposed purchase price violated the duty of care

  2. In re Lionel Corp.

    722 F.2d 1063 (2d Cir. 1983)   Cited 328 times   3 Legal Analyses
    Holding that judicial approval under section 363 of the Bankruptcy Code requires a showing that there is a good business reason

  3. In re Abbotts Dairies of Pennsylvania, Inc.

    788 F.2d 143 (3d Cir. 1986)   Cited 251 times   3 Legal Analyses
    Holding that the standard of review for good faith under § 363(m) of the Code is mixed: "we exercise plenary review of the legal standard applied by the district and bankruptcy courts, but review the latter court's findings of fact on a clearly erroneous standard"

  4. Precision Industries, Inc. v. Qualitech Steel SBQ, LLC

    327 F.3d 537 (7th Cir. 2003)   Cited 117 times   13 Legal Analyses
    Holding that a possessory interest by a lessee is an "interest" for purposes of section 363(f)

  5. In re Integrated Resources, Inc.

    147 B.R. 650 (S.D.N.Y. 1992)   Cited 104 times   1 Legal Analyses
    Discussing relation between stalking horse and breakup fee

  6. In re Integrated Resources, Inc.

    3 F.3d 49 (2d Cir. 1993)   Cited 60 times
    Holding that courts, in determining what constitutes “finality” in the bankruptcy context, are to “apply the same standards of finality that we apply to an appeal under 28 U.S.C. § 1291”

  7. In re Global Crossing Ltd.

    Case No. 02-40188 (REG), (Jointly Administered) (Bankr. S.D.N.Y. Jul. 24, 2003)   Cited 36 times
    Holding that the standard for approval of a motion under section 363 is whether there is a “good business reason” to support the motion

  8. In re Chateaugay Corp.

    973 F.2d 141 (2d Cir. 1992)   Cited 44 times
    Holding that a judge reviewing a Section 363(b) application must find from the evidence presented a good business reason to grant such application

  9. In re Delaware Hudson Ry. Co.

    124 B.R. 169 (D. Del. 1991)   Cited 39 times   1 Legal Analyses
    Noting that the Third Circuit has adopted "sound business purpose" test for § 363(b)

  10. Allstate Ins. Co. v. Hughes

    174 B.R. 884 (S.D.N.Y. 1994)   Cited 21 times   1 Legal Analyses
    Applying theChateaugay II factors when there had been a substantial change in circumstances

  11. Section 157 - Procedures

    28 U.S.C. § 157   Cited 51,380 times   78 Legal Analyses
    Determining the validity, extent, or priority of liens

  12. Section 363 - Use, sale, or lease of property

    11 U.S.C. § 363   Cited 7,085 times   155 Legal Analyses
    Granting trustee authority, after notice and hearing, to sell property of estate

  13. Section 1408 - Venue of cases under title 11

    28 U.S.C. § 1408   Cited 4,056 times   15 Legal Analyses
    Providing that venue is proper where the principal assets of the entity that is the subject of such case have been located for the one hundred and eighty days immediately preceding such commencement

  14. Section 1206 - Sales free of interests

    11 U.S.C. § 1206   Cited 18 times

    After notice and a hearing, in addition to the authorization contained in section 363(f), the trustee in a case under this chapter may sell property under section 363(b) and (c) free and clear of any interest in such property of an entity other than the estate if the property is farmland, farm equipment, or property used to carry out a commercial fishing operation (including a commercial fishing vessel), except that the proceeds of such sale shall be subject to such interest. 11 U.S.C. § 1206 Added