IN RE GRUMMAN OLSON INDUSTRIES, INC.

Nos. 02 B 16131 (SMB), 11 Civ. 2291 (JPO). Adversary No. 10-03052.

467 B.R. 694 (2012)

In re GRUMMAN OLSON INDUSTRIES, INC., Rodney Gable, Debtor. Morgan Olson L.L.C., Plaintiff-Appellant, v. Denise Frederico and John Frederico, Defendants-Appellees.

United States District Court, S.D. New York.

March 29, 2012.


Attorney(s) appearing for the Case

Gregg D. Minkin , London Fischer, LLP, New York, NY, John J. Barrett, Jr. , Reger Rizzo & Darnall, LLP, Philadelphia, PA, Paul Robert Kenney , Law Office of Paul R. Kenney, LLC, New York, NY, for Appellant.

Robert J. McGuirl , Law Offices of Robert J. McGuirl, LLC, Park Ridge, NJ, for Grumman Olson Industries, Inc., Denise Frederico, John Frederico.


MEMORANDUM AND ORDER

J. PAUL OETKEN, District Judge.

This bankruptcy appeal requires the Court to address a question that has not been resolved by the courts in this Circuit, but has been addressed by courts in several other circuits: whether a bankruptcy sale order, pursuant to Section 363 of the Bankruptcy Code (the "Code"), 11 U.S.C. § 363, can extinguish the state law claims of third parties based on conduct by the debtor before the bankruptcy...

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