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IN RE SOUTHWEST WOOD, INC.

No. 04-13519 BH.

318 B.R. 739 (2004)

In re SOUTHWEST WOOD, INC. and Southwest Wood Processing, Inc. Debtors.

United States Bankruptcy Court, W.D. Oklahoma.

November 4, 2004.

Attorney(s) appearing for the Case

Gretchen Crawford, Assistant District Attorney, Oklahoma City, OK, for the Oklahoma County Treasurer.

James W. Vogt, Reynolds, Ridings, Vogt & Morgan, Oklahoma City, OK, for DIT Group/Equipment Financing, Inc., and Fleet Business Credit.

John D. Stiner, J. Michael Nordin, McAfee & Taft, Oklahoma City, OK, for MD Wood, LLC.

MEMORANDUM OF DECISION

RICHARD L. BOHANON, Bankruptcy Judge.

The issue at hand concerns whether or not an order authorizing the debtor to sell property free and clear of liens and interests is binding on the Oklahoma County Treasurer.

The case is one in chapter 11 and the debtor in possession proposed a sale of virtually all its assets under section 363 of the Bankruptcy Code. The Treasurer had filed his proof claiming to have a lien for unpaid...

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