125 B.R. 466 (W.D.Tex. 1991), 86-00346, In re HST Gathering Co.

Docket Nº:Bankruptcy Nos. 86-00346, 86-00347A.
Citation:125 B.R. 466
Party Name:In re HST GATHERING COMPANY and Haskell Gathering Company, Debtors. Charlie DAVIS, d/b/a Houlihan Production Company, Appellant, v. Martin W. SEIDLER, Trustee, et al., Appellees. Civ. A. No. SA-88-CA-571.
Case Date:March 08, 1991
Court:United States District Courts, 5th Circuit, Southern District of Texas
 
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Page 466

125 B.R. 466 (W.D.Tex. 1991)

In re HST GATHERING COMPANY and Haskell Gathering Company, Debtors.

Charlie DAVIS, d/b/a Houlihan Production Company, Appellant,

v.

Martin W. SEIDLER, Trustee, et al., Appellees.

Civ. A. No. SA-88-CA-571.

Bankruptcy Nos. 86-00346, 86-00347A.

United States District Court, W.D. Texas, San Antonio Division.

March 8, 1991

A. Ryland Howard, Lang, Ladon, Green, Coghlan & Fisher, San Antonio, Tex., for Charlie Davis.

Marion Alfred Olson, Jr., San Antonio, Tex., for Martin W. Seidler.

Paul R. Lawrence, Houston, Tex., for Fischer-York Pipeline Systems.

Page 467

Dean William Greer, Law Office of Bruce Waitz, P.C., James Allen Rindfuss, San Antonio, Tex., for Throckmorton Gas System, Ltd.

ORDER

PRADO, District Judge.

This cause is before the Court on the Application for Leave to Appeal, filed on May 26, 1988, by Charlie Davis d/b/a Houlihan Production Company ("Davis"). The Application is properly before this Court pursuant to 28 U.S.C. § 158(a). The Court has carefully considered the Application, and the Response to Application for Leave to Appeal, filed on June 3, 1988, by Martin Seidler, Trustee ("Trustee"). For the reasons set forth below, the Court finds that Davis lacks standing to appeal in this matter and therefore his Application should be denied.

BACKGROUND

On April 12, 1988, the bankruptcy court entered an Order authorizing the Trustee to solicit sealed bids for the purchase of assets of the estate. The Order described the assets that were to be sold, set forth the date on which the bids were to be opened and reviewed, and ordered the Trustee to mail notice of the Order and proposed sale to all creditors, parties in interest, and parties who had expressed an interest in purchasing the assets of the estate. In addition, the Order provided:

It is further ORDERED, ADJUDGED AND DECREED that the Court and Trustee will review all bids submitted to the Court and may, but are not required to, accept any bid, and, the Court and the Trustee will accept a bid only if it is in the best interest of the estate.

Order Authorizing Trustee to Solicit Sealed Bids for the Purchase of Assets of the Estate, dated April 12, 1988.

Davis is an individual who submitted a sealed bid to the Trustee and the bankruptcy court pursuant to the above described Order. Application for Leave to Appeal, filed...

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