A purchaser of assets from a bankrupt estate brought a motion to amend a prior court approval order to expressly include intellectual property within the assets conveyed.
The original order had approved the sale of the bankrupt’s residual assets, but the trustee refused to execute a bill of sale including trademarks, asserting uncertainty about whether they formed part of the estate.
The court held that the approval order clearly conveyed all remaining assets and criticized the trustee for failing to deal with the issue promptly and for raising concerns inconsistent with the record.
The court concluded that the motion should not have been necessary and that the trustee’s conduct justified a personal costs award.
Partial indemnity costs were ordered against the trustee.
