Sunnyside Land, LLC v. Sims (In Re Sunnyside Timber, LLC)

How courts have described this case

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

• entertaining § 363(n) action brought by Chapter 11 debtors, even though separate trustees had been appointed
• if a reasonable trier of fact could find that the defendants engaged in collusive conduct after considering any inferences of non-collusive conduct supported by the evidence, the court should not grant summary judgment
• if a reasonable trier of fact could find that the defendants engaged in collusive conduct after considering any inferences of non-collusive conduct supported by the evidence, the court should not grant summary judgment
• “Section 363(n) only forecloses those agreements whose purpose is to control the sale price resulting from a section 363 sale. . . . The determining factor is the intent or purpose of the agreement.”

Source: CourtListener parenthetical corpus (CC0).