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Legal Opinion

In re Aqua Pesca, LLC

United States Bankruptcy Court, D. Alaska

Decided June 5, 2018No. Case No. 17–00065–GSPublished

1Opinion of the Court

GARY SPRAKER, United States Bankruptcy Judge

The court previously approved the chapter 7 trustee's (Trustee) sale of a beverage dispensary license (License) for $175,000.1 The Trustee is holding the proceeds from the sale, and filed his Application to Disburse Proceeds from Sale of Liquor License (Application) seeking authorization to distribute the sale proceeds pro-rata to various creditors asserting "holds" against the License.2 The Application originally drew several objections.3 The Trustee has resolved all but the debtor's objection.4

A fundamental problem remains: no holds were filed…

2Cases cited8 opinions

  1. Veal v. American Home Mortgage Servicing, Inc. (In Re Veal)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2011
  2. United States v. Battley (In re Kimura)Court of Appeals for the Ninth Circuit · 1992
  3. Gilliam v. Speier (In Re KRSM Properties, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2004
  4. Mulligan v. SobiechDistrict Court, S.D. New York · 1991
  5. In Re I & F Corp.United States Bankruptcy Court, S.D. Ohio · 1998

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