In re Lee (19-71337)

This matter came before the Court on the Debtor’s motion to sell real property. The Debtor moved the Court for permission to sell 15 of the 43 acres on which the Debtor currently lives. The 15 acres included in the proposed sale does not include the Debtor’s home. U.S. Bank National Association, not in its individual capacity but solely as trustee for the RMAC Trust, Series 2016-CTT, the sole lien holder on the property, objected to the sale claiming the sale was not authorized under § 363(f) and claimed its right to credit bid under § 363(k). The Court orally granted the Debtor’s motion from the bench but reserved the right to publish its finding of facts and conclusions of law. Thus, this opinion memorializes the Court’s decision.

Wednesday, February 7, 2024