Legal Opinion
Landscape Properties, Inc., Debtor in Possession v. Robert A. Vogel, Richard C. Downing, Joe D. Whisenhunt, Wingfield Martin Milton T. Schaeffer
Court of Appeals for the Eighth Circuit
Decided March 28, 1995No. 94-1234PublishedCited by 28 opinions
1Opinion of the Court
FRIEDMAN, Senior Circuit Judge.
Section 363(n) of the Bankruptcy Reform Act of 1978, 11 U.S.C. § 363(n) (1988), authorizes a bankruptcy trustee to “avoid” a sale of the bankruptcy estate’s property or to recover damages “if the sale price was controlled by an agreement among potential bidders at such sale.” In the prior appeal in this case, we held that § 363(n) is not limited to sales at public auction, as the district court ruled, but also covered private sales. We therefore reversed the district court’s dismissal of a trustee’s suit seeking damages for an alleged collusive private sale of a…
2Cases cited12 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Hazel-Atlas Glass Co. v. Hartford-Empire Co.Supreme Court of the United States · 1944
- In Re Coordinated Pretrial Proceedings in Antibiotic Antitrust Actions. Pfizer, Inc. v. International Rectifier Corp.Court of Appeals for the Eighth Circuit · 1976
- Insurance Co. of Pennsylvania v. Ben Cooper, Inc.Supreme Court of the United States · 1990
- In Re United Missouri Bank of Kansas City, N.A.Court of Appeals for the Eighth Circuit · 1990
7 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Landscape Properties, Inc., Debtor in Possession, C. Richard Crockett Crockett & Brown, Pllc v. Joe D. Whisenhunt Robert A. Vogel Richard C. DowningCourt of Appeals for the Eighth Circuit · 1997
- United States v. SmileyCourt of Appeals for the Eighth Circuit · 2009
- In Re EdwardsUnited States Bankruptcy Court, E.D. Pennsylvania · 1998
- Woodcock v. U.S. Department of Education (In Re Woodcock)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
- Estate of Campion v. CommissionerUnited States Tax Court · 1998
23 more not listed; retrieve them via the Exa API.