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Joseph Hill v. Raquel King

Summarizing by J Newman

Hujazi v. Schoenmann (In re the Zuercher Trust of 1999)

Case Type:
Case Status:
NC-15-1174-KuBS (9th Circuit, Mar 22,2017) Not Published
Bankruptcy court's order approving the sale of two apartment buildings and finding that purchaser was a good faith purchaser within the meaning of § 363(m) affirmed.
Procedural context:
Appeal from the bankruptcy court for the Northern District of California; reviewed under the clearly erroneous standard.
Bankruptcy court entered an order authorizing chapter 11 trustee to sell two apartment buildings. For one of the apartment buildings, the sale order authorized the trustee to sell to a backup purchaser in the event that the sale to the initial purchaser failed to close. The sale order included a finding that both purchasers were good faith purchasers under § 363(m). The trustee ultimately sold to the backup purchaser. In a prior appeal of the sale order, the BAP remanded the case to the bankruptcy court to address a lingering good faith issue. On remand, after a hearing, the bankruptcy court reaffirmed its prior good faith finding in light of the evidence submitted. Debtor's former principal appealed from the bankruptcy court's second good faith finding.
Kurtz, Brand, Spraker

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