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Damages for Buyer Breach of Contract for the Sale of Real Property

Damages for Buyer Breach of Contract for the Sale of Real Property
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Damages for Buyer's Breach of Contract for the Sale of Real Property: Court Rejects Contractor's Creative Damages Theory in Colorful Fashion | Bradley Arant Boult Cummings LLP

Who said legal opinions have to be boring? Not Judge Terrence L. Michael of the U.S. Bankruptcy Court for the Northern District of Oklahoma, who last week issued a colorful opinion. ....

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First Impressions: Tenth Circuit BAP Rules that Section 364 of the Bankruptcy Code Does Not Apply to Chapter 11 Exit Financing | Jones Day

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The ability of a bankruptcy trustee or chapter 11 debtor-in-possession ( DIP ) to obtain credit or financing during the course of a bankruptcy case is often crucial to the debtor s prospects for either maintaining operations pending the development of a confirmable plan of reorganization or facilitating an orderly liquidation designed to maximize asset values for the benefit of all stakeholders. In a chapter 11 case, financing (and/or cash infusions through recapitalization) also is often a key component of the reorganized debtor s ability to operate post-bankruptcy. Section 364 of the Bankruptcy Code includes provisions specifically governing the circumstances under which a trustee or DIP can obtain credit or financing, including secured financing that primes existing secured creditors liens, during a bankruptcy case. It is unclear, however, whether those provisions apply to post-confirmation exit financing. ....

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Tenth Circuit BAP: Bankruptcy Courts Have Exclusive Jurisdiction to Determine Whether Claims Are Estate Property | Jones Day

In
Hafen v. Adams (In re Hafen), 616 B.R. 570 (B.A.P. 10
th Cir. 2020), a bankruptcy appellate panel from the Tenth Circuit ( BAP ) held that the bankruptcy court is the only court with subject-matter jurisdiction to decide whether a claim or cause of action is property of a debtors bankruptcy estate. As a consequence, the BAP held that the bankruptcy court abused its discretion by permitting a state court to determine whether creditors had standing to sue third-party recipients of allegedly fraudulent transfers. The decision illustrates the distinction between bankruptcy standing and constitutional standing to sue in federal courts.
Jurisdiction Over Estate Property in Bankruptcy ....

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