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In re Smith, 352 B.R. 500 (Bkrtcy.N.D.Ala.,2006)

Practice Area: Chapter 7 Bankruptcy

Outcome: The Bankruptcy Court granted our motions.

Description: “...the sale of the debtors' real property is not in the ordinary course of business and court approval is required by § 363(b). The trustee could not have entered into an enforceable contract with Dickens to sell the property absent such approval. Moreover, the trustee advised Dickens that he would be unable to enter into a sales contract without court approval. The trustee was free to abandon its motion to sell assets upon being presented with a higher and better offer that would benefit the estate.”

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