Consumer Bankruptcy Law and Practice: 17.5.4.5 Sale of Property Free and Clear of Liens
Chapter 12 allows the sale of collateral in a debtor’s estate free and clear of liens regardless of whether the consent of the secured creditor is granted and of whether the sale will bring sufficient funds to satisfy the entirety of the secured creditor’s claim.546 By contrast, sale free and clear of liens can only take place in other bankruptcy chapters under certain more restrictive conditions.547 Although section 1206 is couched in terms of sale by the trustee, the debtor can sell conditione