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8737319.1
is the only remedy available to prevent further loss and waste. If the Purchase Agreement is
terminated, it would take months to complete a new round of marketing and potentially an
additional sixty days for an interested party to understand the risks and complexities presented by
the Property. Such risk and potential further economic loss can be prevented by excusing
FourLeaf and the Receiver from the provisions of 11 U.S.C. 搂543(a) and (b).
RELIEF REQUESTED
11 U.S.C. 搂543(a) and (b) provide:
(a) A custodian with knowledge of the commencement of a case under this title
concerning the debtor may not make any disbursement from, or take any action in the
administration of, property of the debtor, proceeds, product, offspring, rents, or profits of such
property, or property of the estate, in the possession, custody, or control of such custodian,
except such action as is necessary to preserve such property.
(b) A custodian shall--
(1) deliver to the trustee any property of the debtor held by or transferred to such custodian, or
proceeds, product, offspring, rents, or profits of such property, that is in such custodian's
possession, custody, or control on the date that such custodian acquires knowledge of the
commencement of the case; and
11 U.S.C. 搂543(d) in turn provides:
(d) After notice and hearing, the bankruptcy court--
Case 25-23251-MEH Doc 18-20 Filed 12/22/25 Entered 12/22/25 20:08:18 Desc
Memorandum of Law Page 19 of 20
ANN public copy | complete ECF 18-20 | combined source PDF 474/478
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