IN RE ROBERTS

No. HK 99-00569.

249 B.R. 152 (2000)

In re Thomas A. ROBERTS, f/d/b/a/ Barry's Party Store, f/d/b/a Prince's Market, Debtor.

United States Bankruptcy Court, W.D. Michigan.

May 22, 2000.


Attorney(s) appearing for the Case

Alexander C. Lipsey, Kalamazoo, MI, Chapter 7 Trustee.

Eric C. Lund, for Huntington Bank.


OPINION

JEFFREY R. HUGHES, Bankruptcy Judge.

A trustee may sell property of the estate free and clear of a lien if the lienholder consents. 11 U.S.C. § 363(f)(2). The question before the Court is whether a lienholder's consent may be implied if the lienholder does not object to the proposed sale after appropriate notice. The Court concludes that the consent required by Section 363(f)(2)1 may not be implied...

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