Legal Opinion

Hunt, Ortmann, Blasco, Palffy & Rossell, Inc. v. Jim L. Shetakis Distributing Co. (In Re Jim L. Shetakis Distributing Co.)

District Court, D. Nevada

Decided March 30, 2009No. 2:08-cv-00832-RLH-GWF. Bankruptcy No. BK-S-00-17939-LBRPublishedCited by 1 opinion

1Opinion of the Court

OPINION

HUNT, Chief Judge.

After filing for bankruptcy under Chapter 11, Jim L. Shetakis Distributing Co. assigned all of its rights under a lease and purchase option to Nevada Lease Option (“NVLO”) on March 12, 2001 — a transaction outside the ordinary course of its business. Shetakis did not notify its creditors of the transfer as required by 11 U.S.C. § 363(b)(1), and may have thus violated its creditors’ due process rights. In 2004, one of its creditors, Appellant Hunt, Ortmann, Blasco, Palffy & Rossell, Inc., learned that the transfer to NVLO occurred in 2001 and, beginning in July 2007,…

2Cases cited33 opinions

  1. United States v. KubrickSupreme Court of the United States · 1979
  2. Burnett v. New York Central RailroadSupreme Court of the United States · 1965
  3. Joseph F. Cada v. Baxter Healthcare CorporationCourt of Appeals for the Seventh Circuit · 1991
  4. Lien Huynh v. Chase Manhattan BankCourt of Appeals for the Ninth Circuit · 2006
  5. James F. Santa Maria v. Pacific BellCourt of Appeals for the Ninth Circuit · 2000

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3Cited by1 opinion

  1. Austin v. BFW Liquidation, LLC (In Re BFW Liquidation, LLC)United States Bankruptcy Court, N.D. Alabama · 2012

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