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6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
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9 In re Lonny and Lisa Draper, ) No. CV 06-2860-PHX-DGC
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10 Debtors., ) ORDER
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11 Lonny and Lisa Draper, )
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12 Petitioners, )
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13 vs. )
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14 Roger W. Brown, Trustee, )
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15 Respondent. )
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17 Petitioners have filed motions to “Reopen Further Proceedings Regarding the Court’s
18 February 20, 2007 Order” (Dkt. #15) and to “Limit Entry Into Homestead to Confirmed
19 Purchaser of That Property” (Dkt. #11). The Court has reviewed the memoranda submitted
20 by the parties. Dkt. ##11, 13, 15. The Court will grant Petitioners’ motion to reopen further
21 proceedings. For the reasons set forth below, the Court will deny Petitioners’ motion to limit
22 entry into their homestead.
23 I. Background.
24 After the first auction involving this property, Respondent sought permission from the
25 Court to allow the high bidder and an agent for the estate to conduct a walk-through
26 inspection of the property. The Court granted Respondent’s motion and rejected Petitioners’
27 arguments that allowing a walk-through inspection would violate Petitioners’ Fourth
28 Amendment rights or constitute a taking without due process of law. Dkt. #9. The Court did
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Case 2:06-cv-02860-DGC Document 16 Filed 03/27/2007 Page 2 of 3
1 Respondent states that allowing open-house viewings would eliminate the need for
2 a walk-through contingency at auction and would allow the auction to proceed “AS
3 IS/WHERE IS.” Dkt. #13 at 3. The Court agrees, but notes that Respondent should not
4 attempt to modify the terms to allow post-auction viewing or to return a high bidder’s non-
5 refundable deposit if the bidder decides not to purchase the property.
6 This order does not permit open-house viewings, but rather declines to limit entry into
7 the property in the way Petitioners suggest. The open-house viewings and the second public
8 auction are still subject to approval by the Bankruptcy Court.
9 IT IS ORDERED:
10 1. Petitioner’s Motion for Limited Entry into Homestead (Dkt. #11) is denied.1
11 2. Petitioner’s Motion to Reopen Case for Further Proceedings (Dkt. #15) is
12 granted.
13 DATED this 26th day of March, 2007.
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Although Petitioners have not argued in this motion that open-house viewings prior
27 to sale violate their constitutional rights, the Court sees no constitutional distinction between
open-house viewings and the post-auction inspection it previously determined would not
28 violate Petitioners’ constitutional rights. See Dkt. #9.
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