Legal Opinion
First State Operating Co. v. Holbrook (In Re Lotspeich)
Bankruptcy Appellate Panel of the Tenth Circuit
Decided July 25, 2005No. BAP No. WO-04-074, Bankruptcy No. 02-22227-BHPublishedCited by 6 opinions
1Opinion of the Court
OPINION
McFEELEY, Chief Judge.
Appellant First State Operating Company (“FSOC”) appeals two orders of the bankruptcy court of the Western District of Oklahoma that approved an asset sale and confirmed the trustee’s Chapter 11 plan. First, FSOC argues that the bankruptcy judge erred when he entered an order approving an asset sale. Second, FSOC argues that the Chapter 11 plan violates the absolute priority rule as expressed in 11 U.S.C. § 1129(b)(2)(B)(ii). 1 Appellees respond that the appeal of the sale order is moot under 11 U.S.C. § 363(m) and that the Chapter 11 plan was appropriately…
2Cases cited13 opinions
- Bender v. Williamsport Area School DistrictSupreme Court of the United States · 1986
- Quackenbush v. Allstate InsuranceSupreme Court of the United States · 1996
- Church of Scientology of California v. United StatesSupreme Court of the United States · 1992
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Mills v. GreenSupreme Court of the United States · 1895
8 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Official Committee of Unsecured Creditors v. Western United Life Assurance Co. (In Re Tri-Valley Distributing, Inc.)United States Bankruptcy Court, D. Utah · 2011
- American Bank and Trust Company, an Oklahoma banking Association v. Jeffery G. DaileyUnited States Bankruptcy Court, E.D. Oklahoma · 2026
- American Bank and Trust Company, an Oklahoma banking Association v. Jeffery G. DaileyUnited States Bankruptcy Court, E.D. Oklahoma · 2026
- Phillip Montoya v. United States Bankruptcy Court for the District of New MexicoBankruptcy Appellate Panel of the Tenth Circuit · 2017
- Randy L RobinsonUnited States Bankruptcy Court, D. Kansas · 2021
1 more not listed; retrieve them via the Exa API.