Pinnacle Restaurant at Big Sky LLC v. CH SP Acquisitions, LLC, No. 15-35572 (9th Cir. 2017)Annotate this Case
The 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.
This opinion or order relates to an opinion or order originally issued on July 13, 2017.