You’ll Get Nothing And Like It: Using § 363 to (Possibly) Force a Lender to Accept a Short Sale

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Phil Lamos, Chief Legal Counsel for Craig Shopneck, Cleveland’s Chapter 13 Trustee

There are times when it’s in a debtor’s best interest to divest themselves of financially draining or otherwise burdensome real estate. Maybe the debtor is lucky enough to live in a jurisdiction where it is permissible to compel a lienholder to take title to real estate through a Chapter 13 plan (Eastern District of New York, I am looking in your general direction), but most likely the debtor does not. What, if any, options might a debtor have? Section 363(f . . .

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