Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)
United States Bankruptcy Appellate Panel for the Ninth Circuit
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
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
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- 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
- In Re Borders Group, Inc.United States Bankruptcy Court, S.D. New York · 2011
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