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New Cases For the Week of June 24, 2002 - June
28, 2002
Brought to you by BKINFORMATION.COM
- The Source for Business Bankruptcy Information on the Internet
June
27, 2002
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Case
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Court
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Holding
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In
re Natale
(DBN Subscription Required) |
3rd Cir. |
Although
more liberal rules of appellate finality apply in some
bankruptcy case contested matters, in assessing the finality
of a bankruptcy court order adjudicating a specific adversary
proceeding, the same concepts of appealability as those used
in general civil litigation apply. |
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June
26, 2002
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Case
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Court
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Holding
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In
re Westwood Community Two Association
(DBN Subscription Required) |
11th
Cir. |
When
a Chapter 7 trustee of a debtor homeowners' association
assessed each homeowner $7,250 to pay claims against the
bankruptcy estate, an unofficial committee of homeowners was a
"person aggrieved" with standing to appeal the
bankruptcy court's ruling upholding the assessment. |
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June
24, 2002
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Case
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Court
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Holding
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C.H.E.G
v. Millennium Bank
(DBN Subscription Required) |
Cal. Crt.
App., Third Div. |
Although
a sale of an income producing commercial property free and
clear of liens, claims and interests did not extinguish the
tenants' rights to continued quiet enjoyment of the premises
for the term of the lease, the sale did extinguish other
contractual aspects of the lease which did not benefit the
tenant and thus did not run with the land. Specifically, the
sale extinguished a provision in the lease that entitled a
third party to a commission upon the sale of the fee estate to
the tenant. Since the sale to the tenant occurred after
the free and clear sale from the bankruptcy estate (which had
extinguished the third party's right to a commission as to the
buyer at the free and clear sale), no commission payment was
due from the third party buyer. |
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