United States Sixth Circuit
Official Comm. of Unsecured Creditors v. Anderson Senior Living Prop., LLC., 09-5817
In an appeal from the Bankruptcy Appellate Panel's (BAP) grant of debtors' motion to dismiss as moot pursuant to 11 U.S.C. section 363(m), plaintiffs' appeal of the bankruptcy court's authorization of the sale of debtors' interests in seven co-owned properties as well as the undivided interests of the tenants in common (TIC), is affirmed as the BAP properly determined that section 363(m) moots the appeal because, even though the bankruptcy court approved the sale of the TIC property interests pursuant to section 363(h), the debtors ultimately sold the properties pursuant to section 363(b) and that sale was never stayed.
Appellate Information
- Argued 06/15/2010
- Decided 09/03/2010
- Published 09/03/2010
Judges
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Lawrence R. Ahern, III, Andrew J. Sloniewsky