In Re Greater Southeast Community Hospital Foundation, Inc.
District Court, District of Columbia
1Opinion of the Court
DECISION RE EFFECT OF § 551
S. MARTIN TEEL, Jr., Bankruptcy Judge.
The issue before the court is whether 11 U.S.C. § 551 applies when the debtor, pri- or to the commencement of its bankruptcy case, has sold property that is subject to an avoided lien. The court concludes that § 551 does apply. 1
FACTS
In these jointly administered cases, Greater Southeast Community Hospital Corporation, Inc., is one of the four debtors, and that entity is referred to as “the debtor” for the purposes of this decision. 2
Pursuant to 11 U.S.C. § 544, the debtor has obtained an order avoiding a lien the debtor had…
2Cases cited15 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
- Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
- Kelly v. RobinsonSupreme Court of the United States · 1986
- Dewsnup v. TimmSupreme Court of the United States · 1992
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3Cited by8 opinions
- Dunes Hotel Associates v. Hyatt Corp.District Court, D. South Carolina · 2000
- In Re KasperDistrict Court, District of Columbia · 2004
- Yoppolo v. Liberty Mortgage (In Re Morgan)United States Bankruptcy Court, N.D. Ohio · 2001
- In Re BetheaDistrict Court, District of Columbia · 2002
- The Plan Committee v. PRICEWATERHOUSECOOPERS, LLPDistrict Court, District of Columbia · 2005
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