In re Hudson LLC
Jul
24
2006
Ruling
Court deemed that creditor did not qualify as a purchaser in possession but did hold lien for earnest money deposit.
Procedural posture
Following trial with evidence on the issue of whether the creditor was "in possession" of subject property under 11 U.S.C. § 365(i), the instant order was made and would be entered as Findings of Fact and Conclusions of Law. Trial was held pursuant to pretrial order, and the instant ruling applied as a dispositive ruling on the 11 U.S.C. § 365(i) issue unless the creditor sought to reopen it on motion and notice for good cause shown.
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Court
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