Legal Opinion

Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 18, 2008No. BAP No. CC-07-1176-MkKuPa. Bankruptcy No. LA 06-16059 BBPublishedCited by 78 opinions

1Opinion of the Court

OPINION

MARKELL, Bankruptcy Judge.

This appeal presents a simple issue: outside a plan of reorganization, does § 363(f) of the Bankruptcy Code permit a secured creditor to credit bid its debt and purchase estate property, taking title free and clear of valid, nonconsenting junior liens? We hold that it does not.

In reaching this conclusion, we reject the contention that once the sale is consummated, the appeal from the order stripping the junior creditor’s liens is moot and immune from scrutiny, and we hold that, in the circumstances of this case, the junior lienholder’s rights are preserved.

The…

2Cases cited54 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  4. Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
  5. Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000

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3Cited by78 opinions

  1. United States v. Gould (In Re Gould)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  2. Castaic Partners II, LLC v. Daca-Castaic, LLCCourt of Appeals for the Ninth Circuit · 2016
  3. JPMCC 2007-C1 Grasslawn Lodging, LLC v. Transwest Resort Properties Inc.Court of Appeals for the Ninth Circuit · 2015
  4. International Ass'n of Firefighters, Local 1186 v. City of Vallejo (In Re City of Vallejo)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009
  5. In Re Borders Group, Inc.United States Bankruptcy Court, S.D. New York · 2011

73 more not listed; retrieve them via the Exa API.

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