Legal Opinion

Wintz v. American Freightways, Inc. (In Re Wintz Companies)

United States Bankruptcy Appellate Panel for the Eighth Circuit

Decided March 10, 1999No. BAP 98-6088 MN to 98-6093 MNPublishedCited by 33 opinions

1Opinion of the Court

SCHERMER, Bankruptcy Judge.

George Wintz and Wintz Properties, Inc., (collectively “Appellants”), appeal three bankruptcy court 1 orders approving sale by the Trustee, Charles W. Ries (“Trustee”), of the estate’s interests in three parcels of real property pursuant to 11 U.S.C. § 363(f). We affirm the orders approving the sale of these properties free and clear of liens and interests, and we hold that without a stay pending appeal, the sales are not reversible under 11 U.S.C. § 363(m). In addition, because the estate already closed on the sale of its interest in one parcel of property, we hold…

2Cases cited17 opinions

  1. Chamberlain v. Kula (In Re Kula)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  2. In the Matter of Chicago, Rock Island and Pacific Railroad Company, Debtor. Appeal of Sanborn Cooperative Grain Company, Chicago Pacific CorporationCourt of Appeals for the Seventh Circuit · 1986
  3. Forbes v. Forbes (In Re Forbes)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1997
  4. In Re FOOD BARN STORES, INC., Debtor. FOUR B. CORPORATION, Creditor—Appellant, v. FOOD BARN STORES, INC., Debtor—AppelleeCourt of Appeals for the Eighth Circuit · 1997
  5. Lindsey v. IpockCourt of Appeals for the Eighth Circuit · 1984

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3Cited by33 opinions

  1. Badami v. Sears (In Re AFY, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2012
  2. Jordan v. Bren (In Re Bren)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2004
  3. DeBold v. Case (In Re Tri-River Trading, LLC)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2005
  4. In Re: Wintz Companies, D/B/A Milbank Freightways, Debtor. George L. Wintz v. American Freightways, Inc. Charles W. Ries, George L. Wintz v. Stan Koch & Sons Trucking, Inc. Charles W. Ries, George L. Wintz v. Spindrift, Inc. Charles W. Ries, Wintz Properties, Inc. v. American Freightways, Inc. Charles W. Ries, Wintz Properties, Inc. v. Stan Koch & Sons Trucking, Inc. Charles W. Ries, Wintz Properties, Inc. v. Spindrift, Inc. Charles W. RiesCourt of Appeals for the Eighth Circuit · 2000
  5. City of Sioux City v. Midland Marina, Inc. (In Re Midland Marina, Inc.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2001

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