Nature of the Case
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Facts
Albright, the debtor, is the sole member and manager of a Colorado limited liability company named Western Blue Sky LLC. The LLC owns certain real property and is not a debtor in bankruptcy. The Chapter 7 Trustee contends that because the Debtor was the sole member and manager of the LLC at the time she filed bankruptcy, he now controls the LLC and he may cause the LLC to sell the Real Property and distribute the net sales proceeds to his bankruptcy estate. The Debtor maintains in opposition that the Trustee is entitled to a charging order and cannot assume management of the LLC or cause the LLC to sell the Real Property.
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