In re Olsen

MEMORANDUM DECISION AND ORDER

Susan V. Kelley, Chief United States Bankruptcy Judge

This case lies at the delicate intersection of an important bankruptcy policy and a party’s due process rights. The issue is whether a final, non-appealable order approving a real estate sale could extinguish a right of first refusal without affording the holder of the right formal notice and the opportunity to object.

Archer-Daniels-Midland Company (“ADM”) purchased assets pursuant to a confirmed Chapter 11 plan, including real property the parties refer to as the Ripon Property. When ADM later sold the Ripon…