Circuit Splits and Hot Topics with Bill Rochelle and Friends
Legislative Update
Constructive Notice Won’t Save a Sale Under 363(m) Absent Actual Notice, Seventh Circuit Says
To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.
Court:
California Judge Splits with his BAP; Subpoenas Require Court Approval Under Barton
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.