Legal Opinion
Ramsay v. Vogel
Court of Appeals for the Eighth Circuit
Decided July 22, 1992No. 91-3592PublishedCited by 12 opinions
1Opinion of the Court
DANIEL M. FRIEDMAN, Senior Circuit Judge.
Section 363(n) of the Bankruptcy Act permits 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.” 11 U.S.C. § 363(n) (1988). The district court held that § 363(n) applies only to sales of property at public auction, and therefore dismissed a bankruptcy trustee’s complaint alleging that certain individuals agreed to control the price at which real estate was sold in a private sale. We hold that § 363(n) covers private…
2Cases cited4 opinions
- Andersen Consulting v. The United States, and Computer Sciences Corporation, IntervenorCourt of Appeals for the Federal Circuit · 1992
- Weimer v. AmenCourt of Appeals for the Eighth Circuit · 1989
- United States v. Mmr Corporation (La) and James B. RutlandCourt of Appeals for the Fifth Circuit · 1990
- Marvin Dale Palmer, Administrator of the Estate of Johnnie Palmer, Deceased v. Tracor, Inc.Court of Appeals for the Eighth Circuit · 1988
3Cited by12 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
- Landscape Properties, Inc., Debtor in Possession v. Robert A. Vogel, Richard C. Downing, Joe D. Whisenhunt, Wingfield Martin Milton T. SchaefferCourt of Appeals for the Eighth Circuit · 1995
- In Re EdwardsUnited States Bankruptcy Court, E.D. Pennsylvania · 1998
- Lone Star Industries, Inc. v. Compania Naviera Perez Companc, S.A.C.F.I.M.F.A. (In Re New York Trap Rock Corp.)United States Bankruptcy Court, S.D. New York · 1993
- Birdsell v. Fort McDowell Sand & Gravel (In Re Sanner)United States Bankruptcy Court, D. Arizona · 1998
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