- 11 U.S.C.
In re Downour
Mar
28
2007
Ruling
Order permitting trustee's sale of debtor's land was proper despite bona fide dispute over creditor's lien in property.
Procedural posture
A creditor, a mortgagee, objected to a motion filed by movant, a chapter 7 trustee, seeking court approval of its proposed sale of land belonging to debtors. At issue was whether, pursuant to 11 U.S.C. § 363(f)(4), the trustee was properly authorized to sell the land despite the creditor's objection and whether a "bona fide"dispute as to the scope of the creditor's interests existed.
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Court
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