Description
This annotation collects and analyzes all the cases in which courts have construed and applied the provisions of Bankruptcy Code §§ 363(g), (h), and (i), which contain statutory conditions precedent to a sale of property of a bankruptcy estate outside of the ordinary course of the debtor's business, as authorized under §363(b) of the Bankruptcy Code of 1978 (11 U.S.C.A. §363(b)), by the debtor-in-possession or trustee in which a bankruptcy estate proposes to compel the conveyance of its interest jointly with that of a nonconsenting co-owner, but subject to the co-owner's statutory right of first refusal. (50 pages, published 2009)