Karbach Enterprises v. Exennium, Inc. (In Re Exennium, Inc.)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
OPINION
HUGHES, Bankruptcy Judge:
This appeal presents issues of bankruptcy administration relating to sales of property. We reverse the orders appealed. We first hold in part II that the appeals are not moot. We next hold in part III that debt- or’s attorney is ineligible to purchase property of the estate and that such a sale is void. In Part IV we discuss the effect of that holding on sales that were not appealed and, in part V, we cite the trustee’s failure to conduct a public auction as an alternative basis for reversal.
I
A
Exennium, Inc. operated retail television and appliance businesses…
2Cases cited4 opinions
- Cada Investments, Inc. v. LakeCourt of Appeals for the Ninth Circuit · 1981
- In Re Royal Properties, Inc.Court of Appeals for the Ninth Circuit · 1980
- In re Frazin & OppenheimCourt of Appeals for the Second Circuit · 1910
- Donovan & Schuenke v. SampsellCourt of Appeals for the Ninth Circuit · 1955
3Cited by13 opinions
- 9 Collier bankr.cas.2d 598, Bankr. L. Rep. P 69,390 in Re Exennium, Inc., Dba Axiom Television, Griffeys Tv and Appliances, Griffeys House of Portables, Griffeys Tv and Portables, Griffeys Electronics, Debtor. Irving Sulmeyer, Trustee v. Karbach Enterprises, a California Limited PartnershipCourt of Appeals for the Ninth Circuit · 1983
- In Re HerbermanUnited States Bankruptcy Court, W.D. Texas · 1990
- In Re Lowry Graphics, Inc.United States Bankruptcy Court, S.D. Texas · 1988
- In Re Q.P.S., Inc.United States Bankruptcy Court, W.D. Tennessee · 1989
- Fleet National Bank v. H & D Entertainment, Inc.District Court, D. Massachusetts · 1996
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