Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: December 15, 2010

Before LOKEN, ARNOLD, and BYE, Circuit Judges.

If so authorized, the purchaser of real property from a bankruptcy estate acquires title to the land “free and clear of any interest” identified in 11 U.S.C. § 363(f). After an affiliate of Liberty Building Corporation (“Liberty”) purchased the Skyline Woods Golf Course in Douglas County, Nebraska, from the estate of a Chapter 11 debtor, residents of the surrounding planned community sued the purchasers to enforce express and implied restrictive covenants. The Supreme Court of Nebraska held that the bankruptcy sale did not extinguish equitable interests in having the property maintained as a golf course. Skyline Woods Homeowners Ass’n, Inc. v. Broekemeier, 758 N.W.2d 376, 392-93 (Neb. 2008). Liberty and its secured lender, Mid-City Bank, now appeal the bankruptcy court’s denial of their motion to reopen the closed bankruptcy proceedings in order to declare the Supreme Court of Nebraska judgment void and to enjoin the residents from enforcing it. We conclude denial of the motion to reopen was not an abuse of discretion because, in a reopened bankruptcy proceeding, the state-court judgment would be entitled to the full faith and credit mandated by 28 U.S.C. § 1738. Accordingly, we affirm.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

Global Leaders in Consulting (GLC) 2023

February 16, 2023

The Global Leaders in Consulting awards are for those who are making a big impression within the industry, but also worldwide.

Learn More

Complex Claims & Litigation Forum 2023

February 27, 2023 - March 01, 2023
Henderson, NV

Aimed to help Insurers prevent, prepare and prevail In adjudicating complex claims, negotiating settlements and winning cases.

Learn More

Women, Influence & Power in Law UK Awards 2023

March 08, 2023

Women, Influence & Power in Law UK Awards honors women lawyers who have made a remarkable difference in the legal profession.

Learn More

ASSOCIATE: Accessibility / Employment Litigation

The New York office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level or senior associate to join its...

Apply Now ›

MID-LEVEL ASSOCIATE: Traditional Labor

The Los Angeles office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level associate in its growing nat...

Apply Now ›

MID-LEVEL or SENIOR ASSOCIATE: Labor & Employment Litigation

The Newark office of Epstein Becker & Green is seeking an attorney to work at the level of a mid-level or senior associate in its growin...

Apply Now ›



Pond Lehocky Giordano LLP would like to congratulate Jerry Lehocky and his team on PA's largest workers' compensation settlement.

View Announcement ›



ABOTA NNJ would like to announce...

View Announcement ›



O'BRIEN FIRM would like to announce that..

View Announcement ›