Legal Opinion
Morgan Olson L.L.C. v. Frederico (In Re Grumman Olson Industries, Inc.)
District Court, S.D. New York
Decided March 29, 2012No. 02 B 16131 (SMB), 11 Civ. 2291 (JPO). Adversary No. 10-03052PublishedCited by 40 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
J. PAUL OETKEN, District Judge.
This bankruptcy appeal requires the Court to address a question that has not been resolved by the courts in this Circuit, but has been addressed by courts in several other circuits: whether a bankruptcy sale order, pursuant to Section 363 of the Bankruptcy Code (the “Code”), 11 U.S.C. § 363, can extinguish the state law claims of third parties based on conduct by the debtor before the bankruptcy, where no injury was caused until after the bankruptcy closed. Because these claimants could not have received notice or an opportunity to…
2Cases cited31 opinions
- Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
- Armstrong v. ManzoSupreme Court of the United States · 1965
- Johnson v. Home State BankSupreme Court of the United States · 1991
- Ortiz v. Fibreboard Corp.Supreme Court of the United States · 1999
- Travelers Indemnity Co. v. BaileySupreme Court of the United States · 2009
26 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- DPWN Holdings (USA), Inc. v. United Air Lines, Inc.District Court, E.D. New York · 2012
- In re Motors Liquidation Co.United States Bankruptcy Court, S.D. New York · 2015
- Lewis v. Blackman Plumbing Supply L.L.C.District Court, S.D. New York · 2014
- In re Millennium Global Emerging Credit Master Fund Ltd.District Court, S.D. New York · 2012
- In re Motors Liquidation Co.United States Bankruptcy Court, S.D. New York · 2017
35 more not listed; retrieve them via the Exa API.