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David J. and Kelly E. Benes, Ch. 7, BK03-80561

The Chapter 7 trustee, in selling debtor's interest in a limited partnership, is bound by the terms of the partnership agreement and must comply with the agreement's procedures even if those procedures benefit the partnership more than the estate.

Date: 
Thursday, May 5, 2005
Judge: 
Judge Timothy J. Mahoney (Retired)