Legal Opinion
Massachusetts Department of Unemployment Assistance v. OPK Biotech, LLC (In re PBBPC, Inc.)
Bankruptcy Appellate Panel of the First Circuit
Decided January 17, 2013No. BAP No. MB 12-042; Bankruptcy No. 09-16725-FJBPublishedCited by 24 opinions
1Opinion of the Court
DEASY, Bankruptcy Judge.
The Massachusetts Department of Unemployment Assistance (the “DUA”)1 appeals from the bankruptcy court order (the “Order”) enforcing the sale of the debtor’s assets free and clear of any interest in said assets, including the DUA’s right to tax the purchaser at the debtor’s unemployment contribution rate. For the reasons set forth below, the Order is AFFIRMED.
BACKGROUND
1. The Sale
The debtor, PBBPC, Inc., formerly known as Biopure Corporation (the “Debt- or”), filed a petition for chapter 11 relief on July 16, 2009. At that time, the Debtor had limited operations and…
2Cases cited21 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- United States v. GonzalesSupreme Court of the United States · 1997
- Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
- Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
- Indiana State Police Pension Trust v. Chrysler LLCSupreme Court of the United States · 2009
16 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Elliott v. General Motors LLCCourt of Appeals for the Second Circuit · 2016
- In re Scimeca Foundation, Inc.United States Bankruptcy Court, E.D. Pennsylvania · 2013
- In re USA United Fleet Inc.United States Bankruptcy Court, E.D. New York · 2013
- In re Gardens Regional Hospital & Medical Center, Inc.United States Bankruptcy Court, C.D. California · 2017
- United Mine Workers of America Combined Benefit Fund v. Walter Energy, Inc.District Court, N.D. Alabama · 2016
19 more not listed; retrieve them via the Exa API.