In re Albright
Bankruptcy Court for the District of Colorado
291 B.R. 538 (2003)
Ashley Alright (defendant) was the sole member and manager of Western Blue Sky, LLC, which owned real property located in Colorado. Albright filed for Chapter 7 bankruptcy. The Chapter 7 Trustee (plaintiff) moved to allow the Trustee to take all actions necessary to liquidate Western’s property, contending that, because Albright was the sole member of Western when she filed for bankruptcy, the Trustee now controls Western and may cause Western to sell the property and distribute the proceeds to the Trustee’s bankruptcy estate. Albright argued that the Trustee is entitled only to a charging order against distributions made, and cannot take control of management responsibilities or force Western to sell property.
Rule of Law
Holding and Reasoning (Campbell, J.)
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