Pinnacle Restaurant at Big Sky LLC v. CH SP Acquisitions, LLC, No. 15-35572 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit held that 11 U.S.C. 363(f), authorizing a trustee to sell a debtor's assets free and clear of third-party interests, applied in this case, and did not conflict with section 365(h), which protects the rights of lessees, because the trustee did not "reject" the leases. The panel affirmed the district court's judgment affirming the bankruptcy court's decision that a bankruptcy trustee's sale of a debtor's property was free and clear of unexpired leases. Therefore, section 363(f)(1) authorized the sale of SHP's property free and clear of the Pinnacle and Opticom leases. Since the trustee did not reject the leases, section 365 was not implicated.
Court Description: Bankruptcy. The panel affirmed the district court’s judgment affirming the bankruptcy court’s decision that a bankruptcy trustee’s sale of a debtor’s property was free and clear of unexpired leases. Agreeing with the Seventh Circuit, the panel held that 11 U.S.C. § 363(f), authorizing a trustee to sell a debtor’s assets free and clear of third-party interests, applied, and did not conflict with § 365(h), which protects the rights of lessees, because the trustee did not “reject” the leases. IN THE MATTER OF SPANISH PEAKS HOLDINGS II 3
This opinion or order relates to an opinion or order originally issued on July 13, 2017.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.