In Re P.R.T.C., Inc., Debtor. Duckor Spradling & Metzger v. Baum Trust

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a creditor had standing to appeal a bankruptcy court order that left the estates from which the creditor could recover “without any other significant asset”
• noting that, to be “final,” a bankruptcy order must “finally determine!] ] the discrete issue to which it is addressed” and “resolve[ ] and seriously affect[ ] substantive rights”
• allowing the sale where the estate did not have the funds to pursue the avoidance claims, but believed they may be valuable
• allowing the sale where the estate did not have the funds to pursue the avoidance claims, but believed they may be valuable
• approving derivative standing for agreement between trustee and creditor where estate received 50% of proceeds of avoidance action
• “Ordinarily, a debtor cannot challenge a bankruptcy court’s order unless there is likely to be a surplus after bankruptcy.”

Source: CourtListener parenthetical corpus (CC0).