Legal Opinion

Flyboy Aviation Properties, LLC v. Franck (In re Flyboy Aviation Properties, LLC)

United States Bankruptcy Court, N.D. Georgia

Decided January 16, 2015No. CASE NO. 13-55775-BEM; Adversary Proceeding No. 13-05111-BEMPublishedCited by 3 opinions

1Opinion of the Court

*516 ORDER

Barbara Ellis-Monro, U.S. Bankruptcy Court Judge

This adversary proceeding came before the Court for trial on August 20, 21, 22, and 28, 2014 (the “Trial”). Prior to Trial, the Court entered an order bifurcating the issues raised in the proceeding and, on October 11, 2018, entered an Order holding that Defendant had an “express easement ... that allows use of the Airport Property1 until such time as the Airport is no longer used as an airport.” (Doc. No. 47, p. 27) (the “October 11 Order”). Thereafter, the Court granted Plaintiff-Debtor’s (“Plaintiff”) motion to sell the Airport Property…

2Cases cited25 opinions

  1. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  2. Klay v. United Healthgroup, Inc.Court of Appeals for the Eleventh Circuit · 2004
  3. Continental National Bank of Miami v. Sanchez (In Re Toledo)Court of Appeals for the Eleventh Circuit · 1999
  4. City of Bowman v. GunnellsSupreme Court of Georgia · 1979
  5. Bailey v. Annistown Road Baptist Church, Inc.Court of Appeals of Georgia · 2009

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3Cited by3 opinions

  1. Bavaria Yachts USA, LLLP v. Bavaria Yachtbau GmbH (In re Bavaria Yachts USA, LLLP)United States Bankruptcy Court, N.D. Georgia · 2017
  2. Ward v. Fid. Bank (In re Ward)United States Bankruptcy Court, S.D. Georgia · 2018
  3. KHR Properties, LLC v. JTS Trucking LLCUnited States Bankruptcy Court, N.D. Alabama · 2020

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