Mark Broude and George Royle V on Al Perry Enterprises, Inc.
The scope of Code section 363(f) remains unclear thirty years after its enactment. The section authorizes a trustee to sell estate assets “free and clear of any interest in such property,” but courts do not agree on whether “interests” includes non-in rem interests, such as claims against the estate.
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Mark Broude and George Royle V on Al Perry Enterprises, Inc.
Posted by Baxter & Baxter, LLP on Friday, March 14, 2008, at 5:35 am. Filed under Uncategorized. Tagged after-its, against-the-estate, agree-on-whether, but-courts, claims-against, free-and, includes-non-in, not-agree, remains-unclear, section-authorizes, sixth, such-as-claims, such-property, the-estate-.
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