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Ebner v. Woodforest Partners LP (In re EBCO Land Dev. Ltd.)

Ebner v. Woodforest Partners LP (In re EBCO Land Dev. Ltd.)

Ruling
Bankruptcy court had authority to sell property free and clear of gas line easement.
Procedural posture

Plaintiff, the postpetition purchaser of certain real property from the chapter 11 estate, brought an adversary proceeding against defendant creditor, which held a gas line easement across the real property and had a contract with the debtor to provide gas service to residences on the property. The creditor moved to dismiss the complaint, and counterclaimed against the purchaser, which moved to dismiss the counterclaim.

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Commercial opinion summary, case decided on April 17, 2008 , LexisNexis #0508-095