United States v. Bristol Hills Apartments

MEMORANDUM OPINION AND ORDER

JOINER, District Judge.

This is an appeal from the dismissal of a Chapter 12 bankruptcy proceeding in which the court is called on to interpret an ambiguity in section 517 of the Bankruptcy Act. 11 U.S.C. § 917. The United States prevailed below in its motion contending that the bankruptcy court did not have the pow er to carry out the procedures of Chapter 12 in this case because of the interest of the Department of Housing and Urban Development in the property which is the principal asset of Bristol Hills Apartments.

The facts are not complicated. Bristol Hills…