Tag Archives: sale “free and clear”

Standing to Appeal Sale: “Person Aggrieved” Is In the Eye of the Beholder

Posted on August 23, 2013 by BankruptcyRealEstateInsights

Gentile v. DeGiacomo (In re Gentile), 492 B.R. 580 (1st Cir. BAP 2013) – A chapter 7 trustee sought c0urt approval to sell several investment properties.  The debtors objected, arguing that the sales should be suspended until a pending state court appeal … Continue reading →

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Bankruptcy Purchasers Beware: Do Not Take For Granted That Your Sale Will Be “Free and Clear”

Posted on May 21, 2013 by BankruptcyRealEstateInsights

In re Jaussi, 488 B.R. 456 (Bankr. D. Colo. 2013) – A chapter 7 bankruptcy trustee requested court approval of a sale of vacant land to a bank that held a first lien on the property, with the sale to be … Continue reading →

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Sales “Free and Clear”: What is an “Interest”?

Posted on March 19, 2013 by BankruptcyRealEstateInsights

In re Mundy Ranch, Inc., 484 B.R. 416 (Bankr. D. N.M. 2012) – In Mundy Ranch, a corporate debtor moved to sell real estate that it owned free and clear of interests under Section 363(f) of the Bankruptcy Code.  A … Continue reading →

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Of Sales and Leases: Can a Bankrupt Landlord Sell Free and Clear of a Tenant’s Interest?

Posted on January 29, 2013 by BankruptcyRealEstateInsights

In re Zota Petroleums, LLC, 42 B.R. 154 (Bankr. E.D. Va. 2012) – Zota addresses the interaction between (1) a sale free and clear of interests under Section 365(f) of the Bankruptcy Code and (2) a tenant’s right to retain possession under … Continue reading →

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