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In re: NASHVILLE SENIOR LIVING, LLC, et al., Debtors. ______________________________________ OFFICIAL COMMITTEES OF UNSECURED CREDITORS, Appellants, v. ANDERSON SENIOR LIVING PROPERTY, LLC, et al., Appellees. |
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Appeal from the United States Bankruptcy Court
for the Middle District of Tennessee, at Nashville.
No. 08-07254.
Decided and Filed: June 11, 2009
Before: FULTON, RHODES, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.
MARILYN SHEA-STONUM, Bankruptcy Appellate Panel Judge. The Official Committees of Unsecured Creditors (“Committee”), comprised solely of the non-debtor co-owners of the Properties (defined herein), appeal an order of the bankruptcy court granting the Debtors1 authority to sell the Properties held in a tenancy in common between the Debtors and the co-owners pursuant to 11 U.S.C. § 363(b) and (h). The Committee sought a stay of the order from both the bankruptcy court and this Panel. Those requests were denied, and the sale of the Properties has closed. The good faith of the purchaser has not been challenged.
Because the bankruptcy court’s order was not stayed and the sale has closed, the Debtors seek dismissal of the appeal pursuant to 11 U.S.C. § 363(m). The Committee argues that § 363(m) should not apply to the aspect of the order that authorized the sale of the co-owners’ interest under § 363(h). For the reasons set forth below, we conclude that the appeal is moot pursuant to § 363(m).