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In re Whitehall Jewelers Holdings Inc.

In re Whitehall Jewelers Holdings Inc.

Ruling
Consigned goods in debtor's possession were not property of the estate and not subject to bankruptcy sale.
Procedural posture

Bankruptcy debtors, nationwide specialty retailers of fine jewelry, obtained an order permitting the debtors to sell substantially all of their assets, but vendors which consigned goods to the debtors asserted that the debtors did not own, and thus could not sell, the consigned goods. The debtors filed a supplemental motion of sale to allow the debtors to sell the consigned goods pursuant to 11 U.S.C.S. § 363(f)(4).

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Commercial opinion summary, case decided on July 28, 2008 , LexisNexis #0808-116