Jerry A. Brown
CHAPTER 7
FINDINGS OF FACT AND CONCLUSIONS OF LAW SUPPORTING APPROVAL OF
ORDER GRANTING SALE MOTION FILED BY CHAPTER 7 TRUSTEE FREE AND
CLEAR OF ALL LIENS, CLAIMS AND INTERESTS
CONSIDERING the Motion Pursuant to Bankruptcy Code Sections 105 and 363 and Federal Rules of Bankruptcy Procedure 2002 and 6004 for an Order (A) Authorizing the Sale of Certain Movable Property Free and Clear of Liens, Claims, Interests and Encumbrances and (B) Approving Bid Procedures [P-18] (the "Sale Motion") filed by Ronald J. Hof, in his capacity as chapter 7 trustee for the bankruptcy estate of Riverbend Marine, L.L.C., (the "Trustee"), the February 20, 2013 hearing on the Sale Motion (the "Sale Hearing "),and in further support of oral reasons for ruling issued at that hearing, the Court issues these Findings of Fact and Conclusions of Law Supporting Approval of Order Granting Sale Motion filed by Chapter 7 Trustee Free and Clear of All Liens, Claims and Interests (" Findings and Conclusions" ):
a.
Jurisdiction and Venue. The Court has jurisdiction over the Sale Motion pursuant to
28 U.S.C. §§ 157 and 1334, and this matter is a core proceeding pursuant to
28 U.S.C. § 157(B)(2)(a). Venue is proper before this Court pursuant to
28 U.S.C. §§ 1408 and 1409.
b. Statutory Predicates. The statutory predicates for the relief sought in the Sale Motion are sections 105 and 363 of the Bankruptcy Code, and Federal Rules of Bankruptcy Procedure 2002 and 6004.r. Legal, Valid Transfer. The transfer of the Vessel to the Purchaser will be a legal, valid, and effective transfer of the Vessel, and will vest the Purchaser with all right, title, and interest of the Trustee and/or the Estate to the Vessel free and clear of all liens, claims and encumbrances, except as set forth in the VPA.
New Orleans, Louisiana, February 20, 2013.
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Jerry A. Brown
U.S. Bankruptcy Judge