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In re Patriot Place, Limited

United States Bankruptcy Court for the Western District of Texas
486 B.R. 773 (2013)

Facts

Patriot Place, Ltd. (Patriot) (debtor) owned a commercial property and leased space in that property to Three-Legged Monkey (Monkey) (creditor). Patriot filed for reorganization under chapter 11 of the bankruptcy code. Patriot sought to sell the property under § 363(f) of the bankruptcy code, free and clear of Monkey’s leasehold interest. Monkey objected to the sale, asserting that the sale failed to meet any of the five conditions set forth for in § 363(f).

Rule of Law

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Issue

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Holding and Reasoning (Mott, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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