Legal Opinion

In Re Q.P.S., Inc.

United States Bankruptcy Court, W.D. Tennessee

Decided May 22, 1989No. 19-21733PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM RE DEBTOR’S “APPLICATION TO SELL PROPERTY UNDER § 363(b)”

DAVID S. KENNEDY, Chief Judge.

This core proceeding came on to be heard on May 22, 1989, upon the “Application To Sell Property Under § 363(b)” 1 filed by Q.P.S., Inc., the above-named debtor continued in possession (“Debtor”).

The ultimate question presented here is whether under the existing circumstances a certain “professional person” employed, pursuant to 11 U.S.C. § 327(a), by the debt- or, as debtor continued in possession, 2 may purchase property of and from the § 541(a) estate.

The relevant background facts are straight…

2Cases cited7 opinions

  1. Commodity Futures Trading Commission v. WeintraubSupreme Court of the United States · 1985
  2. Mosser v. DarrowSupreme Court of the United States · 1951
  3. Wolf v. WeinsteinSupreme Court of the United States · 1963
  4. In Re Lowry Graphics, Inc.United States Bankruptcy Court, S.D. Texas · 1988
  5. In re Frazin & OppenheimCourt of Appeals for the Second Circuit · 1910

2 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. In Re HerbermanUnited States Bankruptcy Court, W.D. Texas · 1990
  2. Fleet National Bank v. H&D Entertainment, Inc.Court of Appeals for the First Circuit · 1996
  3. Fleet National Bank v. H & D Entertainment, Inc.District Court, D. Massachusetts · 1996
  4. Lange v. Schropp (In Re Brook Valley IV)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2006
  5. Matter of RaheUnited States Bankruptcy Court, D. Nebraska · 1995

11 more not listed; retrieve them via the Exa API.

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