Niemyjski v. Mountain States Financial Corp. (In Re Niemyjski)

MEMORANDUM OPINION

STEWART ROSE, Bankruptcy Judge.

The Chapter 7 Debtor, joined by the Trustee, filed this adversary proceeding to sell his residence free and clear of liens. Joined as Defendants were the holders of all mortgages, judgment liens, tax liens and municipal liens on the property. Thus, all of the parties who would properly be joined in a foreclosure suit against the property were before the Court.

The terms of sale were FIFTY THOUSAND DOLLARS ($50,000) cash. Since the sale was highly advantageous, all parties consented to the entry of an Order permitting the same. The Order reserved…