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§ 363(i)

In re Rudnick

Jan
30
2006
Ruling
Court denied a stay of an order allowing for the hiring of a real estate broker to sell property co-owned by the debtor and the debtor's former wife since requiring the wife to pay a commission to purchase the debtor's interest in the property did not materially harm the wife.
Procedural posture

The debtor's former wife moved for a stay pending appeal of the court's order allowing the employment a real estate broker to sell certain real property which she and the debtor co-owned. The former wife made an initial offer to purchase the property. The broker then found a third- party who submitted a higher offer. The former wife wanted to match the offer, but did not want to pay the broker's commission if her offer were accepted.

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opinion summary, case decided on January 30, 2006 , LexisNexis #0306-081
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