green
Positive treatment
13.4 score
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983
2004
2026
Top citers, strongest first. 25 distinct citers.
How cited ↗
cited
Cited as authority (rule)
United States v. Antiques Limited Partnership
Corp. v. Meyer, 781 F.2d 1260, 1264 (7th Cir.1986); In re Vetter Corp., 724 F.2d 52, 55 (7th Cir.1983).
discussed
Cited as authority (rule)
In Re Baker
(2×)
See U.S. v. Salerno, 932 F.2d 117 , 123 (2d Cir.1991); Mills v. Green, 159 U.S. 651, 653 , 16 S.Ct. 132 , 40 L.Ed. 293 (1895); Northwest Environmental Defense Center v. Gordon, 849 F.2d 1241, 1244-45 (9th Cir.1988); In re Cantwell, 639 F.2d 1050, 1053 (3d Cir.1981); Miami Center Part *303 nership v. Bank of New York, 820 F.2d 376 , 379 (11th Cir.1987); In re Stadium Management Corp., 895 F.2d 845 , 847-848 (1st Cir.1990); In re Bleaufontaine, 634 F.2d 1383 , 1389-90 (5th Cir.1981); In re Vetter Corp., 724 F.2d 52, 55-56 (7th Cir.1983); Country Fairways, Inc. v. Mottaz, 539 F.2d 637, 641 (7th C…
discussed
Cited as authority (rule)
Vlasek, Joseph v. U.S. Trustee
Thus, “[t]his Court and others have repeatedly held that an appeal of a bankruptcy sale is moot if the stay required by § 363(m) is not obtained.” Id. at 997 (citing Hoese Corp. v. Vetter Corp. (In re Vetter Corp.), 724 F.2d 52, 55-56 (7th Cir. 1983), Sulmeyer v. Karbach Enter.
discussed
Cited as authority (rule)
In Re Joseph Vlasek, Debtor-Appellant
Thus, “[t]his Court and others have repeatedly held that an appeal of a bankruptcy sale is moot if the stay required by § 363(m) is not obtained.” Id. at 997 (cit *962 ing Hoese Corp. v. Vetter Corp. (In re Vetter Corp.), 724 F.2d 52, 55-56 (7th Cir.1983), Sulmeyer v. Karbach Enter.
cited
Cited as authority (rule)
In Re: 255 Park Plaza Associates Ltd. Partnership, Debtor. 255 Park Plaza Associates Ltd. Partnership (95-1738) and First of America Bank -- Southeast Michigan, N.A. (95-1761) v. Connecticut General Life Insurance Company
Partnership, 838 F.2d at 1554; Hoese Corp. v. Vetter Corp. (In re Vetter Corp.), 724 F.2d 52, 56 (7th Cir. 1983).
cited
Cited as authority (rule)
255 Park Plaza Associates Ltd. Partnership v. Connecticut General Life Insurance (In re 255 Park Plaza Associates Ltd. Partnership)
Partnership, 838 F.2d at 1554; Hoese Corp. v. Vetter Corp. (In re Vetter Corp.), 724 F.2d 52, 56 (7th Cir.1983).
discussed
Cited as authority (rule)
Plotner v. AT & T
Courts, although hesitant to overcome the mootness doctrine, will reconsider a sale on appeal where: the purchaser was not a good faith purchaser, In re Vetter Corp., 724 F.2d 52, 55 (7th Cir.1983); the contract of sale makes finality contingent, Matter of Cada Invs.
discussed
Cited as authority (rule)
In Re Cgi Industries, Incorporated Formerly Known as Creative Glassworks International, Incorporated, Debtor-Appellant
E.g., Vetter, 724 F.2d at 55-56; Sax, 796 F.2d at 997-999 ; In re Andy Frain Servs., Inc., 798 F.2d 1113 , 1125-28 (7th Cir.1986); In re Memorial Estates, Inc., 950 F.2d 1364, 1368 (7th Cir.1991), cert. denied, — U.S. —, 112 S.Ct. 2969 , 119 L.Ed.2d 589 (1992); see also In re Rock Indus.
cited
Cited as authority (rule)
In the Matter of Memorial Estates, Incorporated, Debtor. Appeal of Cemco, Incorporated, William L. Needler
Meyer, 781 F.2d at 1263 ; In re Vetter Corp., 724 F.2d 52, 55 (7th Cir.1983).
discussed
Cited as authority (rule)
Mohawk Rubber Company v. Otasco, Inc., Ameritrust Company National Association, Official Unsecured Creditors' Committee
Otherwise the property may be sold to a 'good faith purchaser,' removing the property from the jurisdiction of the courts and rendering moot the appeal from the order authorizing the sale." (emphasis added) (construing Fed.R.Bankr.P. 805, the precursor to modern Bankr.R. 8005); see also id. at 305 n. 10; Hoese Corp. v. Vetter Corp. (In re Vetter Corp.), 724 F.2d 52, 55 (7th Cir.1983). 5 14 In arguing that the threat of res judicata removes the mootness problem from this case, Mohawk cites Oklahoma City v. Sanders, 94 F.2d 323 (10th Cir.1938), for the proposition that "[w]henever a judgment, if…
discussed
Cited as authority (rule)
In Re Kerns
As the Seventh Circuit has written, “In refusing to reverse the sale of property to a good faith purchaser, the courts ... further[] ‘the policy of not only affording finality to the judgment ... but particularly to give finality to those orders and judgments upon which third parties rely.’ ” *783 Meyer, 781 F.2d at 1264 (quoting Vetter, 724 F.2d at 55).
cited
Cited as authority (rule)
In the Matter of Thomas Robert Gilchrist, Debtor. Thomas Robert Gilchrist v. Carl H. Westcott
Accord In re Sax, 796 F.2d 994, 997-98 (7th Cir.1986); Hoese Corp. v. Vetter Corp. (In re Vetter Corp.), 724 F.2d 52, 55-56 (7th Cir.1983); Sulmeyer v. Karbach Enters.
cited
Cited as authority (rule)
Bankr. L. Rep. P 72,017 in Re the Charter Company, Debtors. Cargill, Incorporated, Atlantic Petroleum Corporation v. Charter International Oil Company
See In re Bleaufontaine, 634 F.2d 1383 , 1389-90 (5th Cir. Unit B 1981); In re Vetter Corp., 724 F.2d 52, 55-56 (7th Cir.1983).
discussed
Cited as authority (rule)
In Re K & L Limited, Debtor. Scott Weng and Universal Hospitality Management, Inc. v. Albert Farb, Trustee for K & L Limited
While this Court recently held that failure to stay a bankruptcy judge’s order authorizing and confirming a sale of property to a good faith purchaser renders an appeal of that sale moot, In re Vetter Corp., 724 F.2d 52, 55 (7th Cir.1983), that decision is not controlling in this appeal because the district court also awarded damages to the appellee on the note given by the appellant and for the value of the inventory transferred with the motel.
cited
Cited "see"
Peachtree Lane Associates, Ltd. v. Granader (In Re Peachtree Lane Associates, Ltd.)
See In re Vetter Corporation, 724 F.2d 52, 56 (7th Cir.1983). 798 F.2d 1113 , 1125 (7th Cir.1986).
discussed
Cited "see"
Sicherman v. Ohio Rehabilitation Services Commission (In Re Dial Industries, Inc.)
See, In re Vetter Corp., 724 F.2d 52, 54-56 (7th Cir.1983); In re Garfinkle, 672 F.2d 1340 (11th Cir.1982); In re Bleaufontaine, Inc., 634 F.2d 1383 (5th Cir.1981); In re Cada Investments, Inc., 664 F.2d 1158 (9th Cir.1981); In re Royal Properties, Inc., 621 F.2d 984 (9th Cir.1980).
discussed
Cited "see"
Bankr. L. Rep. P 71,428 in the Matter of Andy Frain Services, Inc., International Total Services, Inc., S.A.W. Services, Inc., Andy Frain Florida, Inc. Appeal Of: Thomas G. Wilson
See In re Vetter Corporation, 724 F.2d 52 , 56 (7th Cir.1983) ("[I]f a party appeals a bankruptcy judge's order, authorizing and confirming a sale to a good faith purchaser, the order must be stayed pending appeal, otherwise the issue becomes moot on appeal."). 55 Because Wilson failed to obtain a stay and offers no credible explanation for the failure, the only issue we must decide is whether AFDT qualified as a good faith purchaser. 24 Although Wilson presents a number of reasons why we should find bad faith, none of them are persuasive. 56 Wilson's major argument appears to be that it was p…
discussed
Cited "see"
In re Andy Frain Services, Inc.
See In re Vetter Corporation, 724 F.2d 52, 56 . (7th Cir.1983) (“[I]f a party appeals a bankruptcy judge’s order, authorizing and confirming a sale to a good faith purchaser, the order must be stayed pending appeal, otherwise the issue becomes moot on appeal.”).
cited
Cited "see"
Unsecured Creditors' Committee Mobil Oil Corp. v. First National Bank & Trust Co. of Escanaba (In Re Ellingsen MacLean Oil Co.)
See In re Vetter Corporation, 724 F.2d 52 (7th Cir.1983); also see Willemain v. Kivitz, 764 F.2d 1019 (4th Cir.1985).
discussed
Cited "see"
In Re William L. Magwood, Iii. Florence Hicks v. Paul D. Pearlstein
See In re Vetter Corp., 724 F.2d 52, 56 (7th Cir.1983) (“[I]f a party appeals a bankruptcy judge’s order, authorizing and confirming a sale to a good faith purchaser, the order must be stayed pending appeal, otherwise the issue becomes moot on appeal.”); In re Exennium, Inc., 715 F.2d at 1404 ("If appeal is sought without a stay, the courts cannot grant relief because they cannot overturn the sale.”). 8 . 28 U.S.C. § 1481 (1982).
discussed
Cited "see"
Richards v. Swinebroad and Denton Auctioneers
(2×)
See In re Vetter Corporation, 724 F.2d 52 , 54-56 (7th Cir. 1983); In re Exennium, Inc., 715 F.2d 1401, 1403-04 (9th Cir. 1983).
discussed
Cited "see, e.g."
Venture Engineering, Inc. v. Tishman Construction Corp.
See In re Sax, 796 F.2d 994, 996 (7th Cir.1986) (reasoning that if the property in question was not a part of the bankrupt’s estate, appeal from order approving its sale was rendered moot for failure of the lien holder to obtain a stay of sale, even though sale was improper); see also In re Vetter, 724 F.2d 52 , 55 (7th Cir.1983); 11 U.S.C § 363(m) (1988).
discussed
Cited "see, e.g."
Equal Employment Opportunity Commission v. Texas Industries, Inc.
See, e.g., EEOC v. Joslyn Manufacturing & Supply Co., 524 F.Supp. 1141 (N.D.Ill. 1981), aff'd, 706 F.2d 1469 , vacated, 724 F.2d 52 (7th Cir.1983); EEOC v. Lockheed Missiles & Space Co., 27 FEP Cases 1209, 1210 (N.D.Cal.1981), aff'd, 680 F.2d 1243 (9th Cir.1982), vacated, 463 U.S. 1202 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 remanded for reconsideration in light of Newport News, 710 F.2d 566 (9th Cir.1983); EEOC v. Emerson Electric Co., 539 F.Supp. 153, 158 (E.D.Mo.1982).
discussed
Cited "see, e.g."
40 Fair empl.prac.cas. 118, 39 Empl. Prac. Dec. P 35,941, 7 Employee Benefits Ca 1081 Equal Employment Opportunity Commission v. Texas Industries, Inc.
See, e.g., EEOC v. Joslyn Manufacturing & Supply Co., 524 F.Supp. 1141 (N.D.Ill.1981), aff'd, 706 F.2d 1469 , vacated, 724 F.2d 52 (7th Cir.1983); EEOC v. Lockheed Missiles & Space Co., 27 FEP Cases 1209, 1210 (N.D.Cal.1981), aff'd, 680 F.2d 1243 (9th Cir.1982), vacated, 463 U.S. 1202 , 103 S.Ct. 3530 , 77 L.Ed.2d 1383 remanded for reconsideration in light of Newport News, 710 F.2d 566 (9th Cir.1983); EEOC v. Emerson Electric Co., 539 F.Supp. 153, 158 (E.D.Mo.1982).
discussed
Cited "see, e.g."
Equal Employment Opportunity Commission v. Atlanta Gas Light Company
See, e.g., EEOC v. Joslyn Mfg. & Supply Co., 706 F.2d 1469 , vacated, 724 F.2d 52 (7th Cir.1983); EEOC v. Lockheed Missiles & Space Co., 680 F.2d 1243 (9th Cir.1982), vacated, — U.S.-, 103 S.Ct. 3530 , 77 L.Ed.2d 1383 (1983); EEOC v. Emerson Elec.
Retrieving the full opinion text from the archive…
33 Fair empl.prac.cas. 1695, 33 Empl. Prac. Dec. P 33,978, 5 Employee Benefits Ca 1122 Equal Employment Opportunity Commission
v.
Joslyn Mfg. And Supply Company
v.
Joslyn Mfg. And Supply Company
82-1634.
Court of Appeals for the Seventh Circuit.
Dec 13, 1983.
724 F.2d 52
Published
33 Fair Empl.Prac.Cas. 1695,
33 Empl. Prac. Dec. P 33,978,
5 Employee Benefits Ca 1122
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant,
v.
JOSLYN MFG. AND SUPPLY COMPANY, Defendant-Appellee.
No. 82-1634.
United States Court of Appeals,
Seventh Circuit.
Dec. 13, 1983.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division; James B. Parsons, Judge.
Before CUMMINGS, Chief Judge, ESCHBACH, Circuit Judge, and SWYGERT, Senior Circuit Judge.
ORDER
1
In Equal Employment Opportunity Commission v. Joslyn Manufacturing and Supply Co., 706 F.2d 1469 (7th Cir.1983), this Court affirmed a judgment of the district court for the Northern District of Illinois, 524 F.Supp. 1141 (N.D.Ill.1981). We held that an employer does not violate Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq., as amended by the Pregnancy Discrimination Act, 42 U.S.C. Sec. 2000e(k) (1981), by not providing male employees the same insurance benefits when their wives are hospitalized because of pregnancy as it presently provides them when their wives are hospitalized because of injury or illness. Subsequently, the Supreme Court decided that such a plan does violate Title VII as amended. Newport News Shipbuilding & Dry Dock Co. v. Equal Employment Opportunity Commission, --- U.S. ----, 103 S.Ct. 2622, 77 L.Ed.2d 89 (1983). Consequently, we hereby VACATE our previous decision and REMAND the cause to the district court for further proceedings in light of the Supreme Court's Newport News decision.