Legal Opinion

Cohen v. KB Mezzanine Fund II (In re SubMicron Systems Corp.)

Court of Appeals for the Third Circuit

Decided January 6, 2006No. 03-2102PublishedCited by 11 opinions

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

Appellant Howard S. Cohen (“Cohen”), as Plan Administrator for the bankruptcy estates of SubMicron Systems Corporation, SubMicron Systems, Inc., SubMicron Wet Process Stations, Inc. and SubMicron Systems Holdings I, Inc. (jointly and severally, “SubMicron”), challenges the sale to an entity created by Sunrise Capital Partners, LP (“Sunrise”) of SubMicron’s assets under 11 U.S.C. § 363(b), which authorizes court-approved sales of assets “other than in the ordinary course of business.” Sunrise negotiated directly with several — but not all — of…

2Cases cited36 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Pepper v. LittonSupreme Court of the United States · 1939
  3. Dewsnup v. TimmSupreme Court of the United States · 1992
  4. United States v. NolandSupreme Court of the United States · 1996
  5. In Re Marvel Entertainment Group, Inc.Court of Appeals for the Third Circuit · 1998

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3Cited by11 opinions

  1. Official Committee of Unsecured Creditors Ex Rel. Bankruptcy Estate of Felt Manufacturing Co. v. Foss (In Re Felt Manufacturing Co.)United States Bankruptcy Court, D. New Hampshire · 2007
  2. In Re Submicron Systems CorporationCourt of Appeals for the Third Circuit · 2006
  3. Daewoo Motor America, Inc. v. Daewoo Motor Co. (In re Daewoo Motor America Inc.)District Court, C.D. California · 2012
  4. Friedman's Liquidating Trust v. Goldman Sachs Credit Partners, L.P. (In Re Friedman's Inc.)United States Bankruptcy Court, D. Delaware · 2011
  5. Spradlin v. E. Coast Miner, LLC (In re Licking River Mining, LLC)United States Bankruptcy Court, E.D. Kentucky · 2019

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