In re Cutright
May
30
2012
Ruling
Purchaser of property in which debtor held only one-half interest could not reopen case to obtain leave to sue trustee in state court over sale.
Procedural posture
A putative purchaser of a bankruptcy debtor's real property asserted that the bankruptcy debtor breached a contract to sell the property by failing to disclose that the debtor held only a half interest in the property and that the trustee was unable to sell the property free and clear of other interests as required by the contract. The purchaser moved to reopen the debtor's case and for leave to sue the trustee in state court.
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Court
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