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SEARS, ROEBUCK & CO. v. SPIVEY

No. 99-CV-3797 (NGG).

265 B.R. 357 (2001)

SEARS, ROEBUCK & CO., Appellant, v. Joan SPIVEY, Appellee.

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

August 8, 2001.

Attorney(s) appearing for the Case

Philip D. Anker, Bruce M. Berman, Wilmer, Cutler & Pickering, Washington, DC, Ronald L. Rose, Dykema Gossett, Bloomfield Hills, MI, for appellant.

Robert J. Musso, Rosenberg, Musso, & Weiner, LLP, Brooklyn, NY, for appellee.

MEMORANDUM & ORDER

GARAUFIS, District Judge.

This bankruptcy appeal presents the question of whether a bankruptcy judge may nullify a consensual redemption agreement in the absence of a motion for its approval. Although I answer the question in the affirmative, I nevertheless conclude that the court below erred in its legal holding and therefore vacate the bankruptcy court's order of October 15, 1998 and remand the matter back to the bankruptcy...

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