Tag Archives: sale “free and clear”

Easements and Sales “Free and Clear”: Oops – All Gone

Posted on December 18, 2019 by BankruptcyRealEstateInsights

Port of Corpus Christi Auth. v. Sherwin Alumina Co., L.L.C. (In re Sherwin Alumina Co., L.L.C.), 932 F.2d 404 (5th Cir. 2019) – A state port authority (1) challenged sale of property free and clear of its road easement on Eleventh … Continue reading →

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Joint Property Sales: To Successfully Oppose a Sale, You Have to Make Your Case

Posted on June 12, 2019 by BankruptcyRealEstateInsights

Desmond v. Francis (In re Francis), 597 B.R. 195 (Bankr. D. Mass. 2019) – A chapter 7 trustee commenced an adversary proceeding seeking authority to sell property that the debtor co-owned with his wife as tenants by the entirety free of … Continue reading →

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Appeals of “Sale” Orders: Sometimes They Are Moot and Sometimes They Are Not

Posted on May 22, 2019 by BankruptcyRealEstateInsights

Fenicle v. Energy Future Holdings Corp. (In re Energy Future Holding Corp.), 596 B.R. 473 (D. Del. 2019) – Parties representing “Unmanifested Asbestos Claims” sought to appeal a bankruptcy court order confirming a plan of reorganization that included a sale of … Continue reading →

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Selling Real Estate Free and Clear: The Trustee Does Not Always Win

Posted on March 27, 2019 by BankruptcyRealEstateInsights

Belfance v. Shelton (In re Shelton), 593 B.R. 755 (Bankr. N.D. Ohio 2018) – A chapter 7 trustee sought a determination of rights in connection with seeking authority to sell property free and clear of other interests using its power of … Continue reading →

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Sales Free and Clear: The Devil Is in the Details

Posted on March 13, 2019 by BankruptcyRealEstateInsights

In re Bridge Assoc. of Soho, Inc., 589 B.R. 512 (Bankr. E.D. N.Y. 2018) – The debtor filed a motion to sell a residential loft building free and clear of possessory rights of the occupants. The bankruptcy court determined that the … Continue reading →

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Liquor License Sales: Who Gets the Money?

Posted on February 27, 2019 by BankruptcyRealEstateInsights

In re Aqua Pesca, LLC, 588 B.R. 241 (Bankr. D. Alaska 2018) – A chapter 7 trustee sought bankruptcy court authorization to distribute proceeds from the sale of a liquor license. The trustee proposed to distribute proceeds pro rata to creditors … Continue reading →

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