McKinstry v. Richard Holmes Enterprises, LLC (In re Black Diamond Mining Company, LLC)

(E.D. Ky. Feb. 5, 2016)

The district court denies the motion for stay pending the appeal of the bankruptcy court’s order. The bankruptcy court had ordered that the party moving to reopen the bankruptcy case deposit funds into escrow as a condition to reopening the case. The court held that the party must show at a minimum serious questions going to the merits to obtain such a stay, but the party failed to do so. Opinion below.

2016-02-05 – in re black diamond mining

Author: Matt Lindblom

The Village at Knapp’s Crossing, LLC v. Pioneer Ventures, LLC (In re The Village at Knapp’s Crossing)

(6th Cir. Jan. 8, 2016)

The Sixth Circuit affirms the B.A.P.’s decision dismissing the appeal for mootness. The debtor appealed an order converting its case from Chapter 11 to Chapter 7 but did not seek or obtain a stay of the conversion order. The bankruptcy court then authorized a sale of the debtor’s primary asset, which was necessary to any Chapter 11 plan. Because there is no mechanism to unwind the sale or bring the property back into the estate, the appeal is now moot. Opinion below.

2016-01-08 – village at knapps crossing v pioneer ventures

Author: Matt Lindblom

Kentucky Employees Retirement System v. Seven Counties Services, Inc.

(W.D. Ky. Feb. 4, 2015)

The district court denies the appellants’ motion to stay the bankruptcy court’s orders confirming the debtor’s chapter 11 plan until appeals are concluded. The court holds that the appellant failed to show likelihood of success on its appeal of the issue of whether an executory contract existed between the appellant and the debtor. Further, the appellants failed to show certain and immediate harm would result if the confirmation orders are not stayed. Opinion below.

2015-02-04 – kers v seven counties services

Author: Matt Lindblom