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New Cases For the Week of April 27, 2009 - May 1, 2009
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Click here to search prior New Opinion summaries.
| April 30, 2009 |
Case |
Court |
Holding |
In re Stewart
(DBN Subscription Required) |
3rd Cir. |
Under 11 USC 363(h), a trustee cannot sell property in which the debtor is a co-owner but holds only bare legal title due to a resulting trust. |
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| April 27, 2009 |
Case |
Court |
Holding |
In re Silicon Graphics, Inc.
(DBN Subscription Required) |
Bankr. SDNY |
An auction process under Section 363 requires transparency and
disclosure. Other than
conclusory assertions regarding potential bid chilling, the debtors failed to offer factual or legal support for
permitting sealing of court documents containing the identities of parties interested in buying the debtor's assets. |
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