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§ 363(f)(5)

In re Ferris Props.

Jul
30
2015
Ruling
Sale of debtor's property free and clear of liens denied.
Issue(s)
Should sale of eleven properties free and clear of liens and encumbrances be approved?

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Commercial opinion summary, case decided on July 30, 2015 , LexisNexis #0815-114
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Pacific Capital Bancorp N.A. v. East Airport Dev. LLC (In re East Airport Dev. LLC)

Jan
05
2011
Ruling
Bankruptcy court erred in holding that surplus sale proceeds were cash collateral that could be used by debtors.
Procedural posture

Appellant creditor challenged an order of the U.S. Bankruptcy Court for the Central District of California authorizing sale, by appellee debtor under a purported "release price agreement," of certain real estate free and clear of appellant's lien per 11 U.S.C.S. § 363(f) and the use of its cash collateral per § 363(c)(2). Issues included whether appellant in fact had "consented" to the sale within the meaning of § 363(f)(5).

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on January 05, 2011 , LexisNexis #0311-114
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In re Signature Developers Inc.

Aug
24
2006
Ruling
Trustee could sell subdivision lots free and clear of restriction providing that debtor was the exclusive builder for the development.
Procedural posture

A bankruptcy debtor developed a residential subdivision with a restriction providing that the debtor was the exclusive builder for improvements in the subdivision. The trustee moved pursuant to 11 U.S.C. § 363(f)(5) to sell certain lots in the subdivision to the mortgagee secured by the lots, free and clear of the builder restriction, and a creditor which purchased other lots subject to the restriction objected to the sale.

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opinion summary, case decided on August 24, 2006 , LexisNexis #1006-088
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