In re Smith
Oct
06
2006
Ruling
Objection to trustee's motion to sell assets overruled where objector's alleged prior agreement with trustee could not have been entered into absent court approval.
Procedural posture
The chapter 7 trustee filed a motion for authority to sell assets free and clear of liens by sealed bid. Prior to filing the instant motion for authority to sell, the trustee filed a previous motion and a potential buyer submitted an offer. The potential buyer objected to the instant motion alleging that he and the trustee had an agreement to sell the property with the only contingency being court approval of the sale.
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Court
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