Bankruptcy
Jan. 24, 2020
Selling bankruptcy estate property free and clear of any interest
In the decision of In re PW, LLC, the Bankruptcy Appellate Panel for the 9th Circuit held that the protections provided to a buyer under Section 363(m) extended only to the sale under Section 363(b) and not to the stripping of the undersecured creditor lien under Section 363(f).
Stuart B. Rodgers
Lane & Nach, P.C.Phone: (602) 258-6000
Email: stuart.rodgers@lane-nach.com
Stuart practices in the areas of bankruptcy law, civil litigation, tax lien foreclosure and creditors' rights. This article should not be considered or construed as legal advice on any fact or circumstance. You should consult your own attorney regarding your own personal situation or any legal question you may have.
Paul M. Hilkert
Lane & Nach, P.C.Email: paul.hilkert@lane-nach.com
Paul practices in the areas of bankruptcy law and creditors' rights.
In the context of a Chapter 7 bankruptcy case, the appointed bankruptcy trustee is empowered with the ability to sell property of the bankruptcy estate under 11 U.S.C. Section 363(b). This general power to sell property of the estate is expanded under Section 363(f) which provides the bankruptcy trustee with the power to sell property of the estate free and clear of any interest of an entity other than the estate only if at least one of the following five conditions i...
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