ML Barge Pool VII Partners-Series a v. United States, Department of Transportation Maritime Administration (In Re ML Barge Pool VII Partners Series A)

MEMORANDUM OPINION

DAVID P. McDONALD, Bankruptcy Judge.

INTRODUCTION

On February 27, 1987, Debtor filed a Complaint against the United States Department of Transportation Maritime Administration (“MARAD”) requesting the Court to exercise its equitable powers under Section 105 of the Bankruptcy Code (“Code”), and, notwithstanding MARAD’s apparent authority to sell Debtor’s barges under Section 362(b)(12) of the Code, stay such a sale until June 12, 1987. On March 6, 1987, MARAD filed its Answer, denying Debtor’s right to the requested relief. The issue having been joined, the Court held a hearing…