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Opinion 235

Case Name: 

In re Lawn Care Corp.

Judge: 
Judge Clark
Date: 
Jul-20-1987
Case Number(s): 
86C-3606
Status: 

UNPUBLISHED

Body: 

Trustee proposed to sell certain property in debtor's possession, free and clear of liens, pursuant to 11 U.S.C. § 363(f). Several objections to the proposed sale were made, alleging that certain assets did not belong to the estate. Relying on Mosier v. Schwenke (In re Dennis L. Carlson, Inc.), (D. Utah November 12, 1986) [213.pdf], the court ruled that trustee could not sell the assets under § 363(f) unless they were property of the estate under 11 U.S.C. § 541. Therefore, trustee could not sell assets subject to an objection until all ownership disputes were resolved.

Internal Ref: 
Opinion 235
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