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In re: Phenix Biocomposites, LLC, Debtor.

ORDER

NANCY C. DREHER, Bankruptcy Judge

This matter came before the Court on June 4, 2001, upon Debtor's Motion for Order Permitting Redemption of Real Property. Appearances of counsel were as noted in the record. The Court, having reviewed the evidence presented, the documents and pleadings filed by the parties, and the argument of counsel, it is

ORDERED:

1. Debtor is authorized to pay Jesco Company the sum of $118,881.64 plus interest and any other expenses necessary to redeem according to Minnesota law an owner's redemption from the mechanic's lien foreclosure sale of Jesco Company, which sale was confirmed by Order and Judgment of the Blue Earth County District Court dated February 1, 2001.

2. The Debtor's redemption of the Jesco mechanic's lien (I) shall be treated in the Debtor's bankruptcy case, for purposes of the effect of the redemption on the priority and dignity of liens on the assets of the Debtor's bankruptcy estate, as if the redemption had occurred outside of the Debtor's bankruptcy proceeding and the effect of such redemption on such liens had been determined in accordance with Minnesota law without regard to the pendency of the Debtor's bankruptcy case, (ii) shall be without prejudice to the priorities and rights of the Debtor's creditors vis-à-vis the assets of the Debtor's bankruptcy estate including, without limitation, any rights of the Debtor to assert otherwise with respect to 11 U.S.C. § 551, (iii) shall be without prejudice to the rights of any creditor against the Debtor, any other creditor, or any third party.

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IN RE PHENIX BIOCOMPOSITES, LLC, (Bankr.D.Minn. 2001)
(Jun 4, 2001)