Pinnacle Restaurant at Big Sky, LLC v. CH SP Acquisitions, LLC

OPINION

BLOCK, Senior District Judge:

The primary function of the Bankruptcy Code is to set out the rules for dividing up assets that are insufficient to pay a debtor’s creditors in full. One such rule, contained in 11 U.S.C. § 363(f), authorizes a trustee in bankruptcy to sell— with some exceptions and limitations — a debtor’s assets free and clear of third-party interests. Another, contained in 11 U.S.C. § 365(h), empowers the trustee to “reject” — that is, in effect, to breach — an unexpired lease of the debtor’s property, but allows the lessee to retain any existing rights, including…