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· 4/18/2006

Federal Case

Citations

  • 445 F.3d 359
  • 2006 U.S. App. LEXIS 9637
  • 46 Bankr. Ct. Dec. (CRR) 101

How courts have described this case

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

  • explaining that § 363(m) “creates a rule of ‘statutory mootness’”
  • “Section 363(m) codifies Congress’s strong preference for finality and efficiency in the bankruptcy context, particularly where third parties are involved.”
  • “Section 363(m) codifies Congress’s strong preference for finality and efficiency in the bankruptcy context, particularly where third parties are involved.”
  • “To recognize an exception to statutory mootness whenever a claimant asserts that her property was wrongly assumed into the estate ‘would seriously undermine the purpose of § 363(m) and could destroy the rule altogether.’”
  • “Where a sale of a bankrupt’s assets has not been stayed, an appeal challenging the sale’s validity is moot because the court has no remedy that it can fashion even if it would have determined the issues differently.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.