Mariam S. Moustafa

UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF MARYLAND
at Greenbelt
In re: 	:
Mariam S. Moustafa 	: 	Case no. 05-34913-PM
Chapter 7
:
Debtor.
_____________________________________
Merrill Cohen, Trustee 	:
Movant 	:
v. 	:
Moustafa M. Moustafa, 	:
Washington Mutual Bank,
Wachovia Bank, N.A., 	:
S&M Contractors and/or
Salah Moustafa and 	:
Van Grack, Axelson, Williamowsky,
Bender & Fishman, P.C. 	:
Respondents. 	:
_____________________________________________________________________________
MEMORANDUM OF DECISION
On April 9, 2007, this court heard the trustee’s motion for authorization to sell real
property free and clear of liens, encumbrances and interests. This motion followed the court’s
granting of a consent order in the related adversary proceeding whereby the trustee was
Date signed April 16, 2007
Entered: April 16, 2007 Case 05-34913 Doc 88 Filed 04/16/07 Page 1 of 2

2
empowered to sell the property of the debtor and the co-debtor, her former husband Moustafa M.
Moustafa, pursuant to 11 U.S.C. § 363(h).
Moustafa Moustafa objects to the trustee’s motion, and now offers $40,000.00 to
purchase the equity of the estate in the subject property. Even were the price offered adequate,
and the court makes no such finding, this offer comes far too late. Moustafa Moustafa could
have concluded this effort long before the trustee’s efforts to sell the property as an entirety. He
failed to do so. In the meanwhile the trustee has incurred obligations to his sales agent, who has
produced a buyer ready willing and able to purchase the subject property.
Under the prior order of this court entered in Adversary Proceeding Number 06-1504,
Moustafa Moustafa has the right to purchase the property pursuant to 11 U.S.C. § 363(I) for the
same price as the sale noticed by the trustee. An appropriate order will be entered.
cc: 	Debtor
Debtor’s counsel
Chapter 7 Trustee
Moustafa Moustafa
Samuel Williamowsky, Esq.
Michael Cantrell, Esq.
C. Larry Hofmeister, Esq.
S&M Contractors
United States Trustee
End of Order
Case 05-34913 Doc 88 Filed 04/16/07 Page 2 of 2