Ewell

MEMORANDUM DECISION

This case involves two separate appeals from orders filed by Richard T. Ford, Bankruptcy Judge, Eastern District of California.

The first appeal is from an order of the bankruptcy court granting the trustee’s motion for authorization to sell certain property of the estate. The second appeal is from the bankruptcy court’s order denying the appellant’s motion to set aside the close of escrow, established to affect the sale, and for a stay of the order authorizing the sale pending appeal.

The following facts are relevant to both appeals:

The debtor is the wife of the appellee A.B. Ewell, Jr. Marital termination proceedings were pending when the appellant’s petition in bankruptcy was filed. This Court is not informed as to the present status of the marital termination proceedings.

A community interest in property located at Millerton and Auberry, Fresno County California, was part of the bankruptcy estate of the appellant.

On November 21, 1989, the bankruptcy court approved the sale of the Millerton and Auberry property in the estate to New Cities Development Corporation (“NCDC”) for a total price of $8,059,000, with $6,579,000 to be paid at the close of…