In re Farmer's Market

*224 ORDER VACATING ORDER CLARIFYING ORDER OF ADJUDICATION

On February 29, 1980, upon the application of William W. Wilcox, a limited partner of Annuity Investment, Inc., bankrupt, in Case No. BK-79-05604-PE, and pursuant to Bankruptcy Rule 105(d), I ordered that Farmer’s Market be adjudged a bankrupt on the grounds that Annuity Investment, Inc. was the sole general partner of Farmer’s Market, a limited partnership. Assuming that Union Oil v. Agate, 268 F.2d 355 (9th Cir. 1959), controlled, I directed that Farmer’s Market be adjudged a bankrupt as of May 25, 1979, when the involuntary petition was initially filed against Annuity Investment.

In a separate adversary proceeding entitled Hamill and Wilcox v. Etchegoyen et al., the date that Farmer’s Market was adjudicated a bankrupt becomes important. If the date relates back to May 25, 1979, the foreclosure sale subsequent thereto is void as in violation of Bankruptcy Rule 601. If the date of bankruptcy is not until the Order was entered on March 3, 1980, after the foreclosure sale, then the sale is not void.

I came to the conclusion that I was in error in adjudicating Farmer’s Market nunc pro tunc as of May 25, 1979. As pointed…