Thomas v. Namba (In Re Thomas)
United States Bankruptcy Appellate Panel for the Ninth Circuit
1Opinion of the Court
ORDER
KLEIN, Bankruptcy Judge.
The question on this motion to dismiss appeal as moot is who determines the purchaser’s “good faith” under 11 U.S.C. § 363(m) and when.
The trial court did not address the question of “good faith” at the time that it authorized the trustee to sell the real property in issue. We are now asked to dismiss the appeal as moot based on the putative “good faith” of the purchaser and the lack of a stay pending appeal.
We conclude that the determination of “good faith” belongs in the first instance to the bankruptcy court and that when the issue of § 363(m) “good faith”…
2Cases cited6 opinions
- Griggs v. Provident Consumer Discount Co.Supreme Court of the United States · 1982
- In Re Kristine Ballantyne Ewell, Debtor. Kristine Ballantyne Ewell, Debtor-Appellant v. Steven D. Diebert, Trustee-AppelleeCourt of Appeals for the Ninth Circuit · 1992
- Hill & Sandford, LLP v. Mirzai (In Re Mirzai)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
- Southwest Products, Inc. v. Durkin (In Re Southwest Products, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1992
- In Re Inc.Court of Appeals for the Ninth Circuit · 2000
1 more not listed; retrieve them via the Exa API.
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- Fitzgerald v. Ninn Worx Sr, Inc. (In Re Fitzgerald)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2010
- In Re Nicole Energy Services, Inc.United States Bankruptcy Court, S.D. Ohio · 2008
- T.C. Investors v. Joseph (In Re M Capital Corp.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2003
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