Legal Opinion
Mission Product Holdings, Inc. v. Old Cold, LLC
Court of Appeals for the First Circuit
Decided January 12, 2018No. 16-9012PPublishedCited by 4 opinions
1Opinion of the Court
KAYATTA, Circuit Judge.
Chapter 11 debtor Tempnology, LLC (“Debtor”) auctioned off its assets pursuant to section 363 of the Bankruptcy Code. Schleicher and Stebbins Hotels LLC (“S & S”) was declared the winning bidder over Mission Product Holdings, Inc. (“Mission”). With the bankruptcy court’s approval, Debtor and S & S completed the sale. On appeal, Mission now asks that we order the bankruptcy court to unwind the sale and treat Mission as the winning bidder. Because the sale to S & S was completed and S & S.is a good faith purchaser entitled to protection under section 363(m), we affirm…
2Cases cited17 opinions
- United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
- Wilma Cumpiano A/K/A Wilma Cumpiano Sanchez v. Banco Santander Puerto RicoCourt of Appeals for the First Circuit · 1990
- Czyzewski v. Jevic Holding Corp.Supreme Court of the United States · 2017
- In Re GucciCourt of Appeals for the Second Circuit · 1997
- In Re Winthrop Old Farm Nurseries, Inc., Debtor. Winthrop Old Farm Nurseries, Inc. v. New Bedford Institution for SavingsCourt of Appeals for the First Circuit · 1995
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3Cited by4 opinions
- Mission Product Holdings, Inc. v. Schleicher & Stebbins HotelsCourt of Appeals for the First Circuit · 2020
- Fulmer v. Fifth Third Equip. Fin. Co. (In re Veg Liquidation, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2018
- Nilhan Developers, LLC v. Glass, Solely as Trustee of the Bankruptcy EstateUnited States Bankruptcy Court, N.D. Georgia · 2021
- R. Ray Fulmer, II v. Fifth Third EquipmentUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2018