in several hearings stretching over a period of many months, the creditors urged liquidation before Bankruptcy Judge Galgay, to whom the cases were then assigned.[3] Finally, at the conclusion of a hearing on October 26, 1982, and over the debtors' objections, the judge ordered the conversion of the three chapter 11 cases to chapter 7 liquidations.[4] DeMarco, acting *886 pro se, filed a notice of appeal to challenge the three conversions. Due to the complexities of the matter, the court appointed pro bono counsel for DeMarco. The case was assigned to Judge Carter.
In November 1982, Dorothy Eisenberg was appointed chapter 7 trustee for all three estates. In early February 1983, the trustee gave notice of her intention to auction the Tiana Queen motel site and residential property andthe Todem Homes option. The day before the scheduled auction, DeMarco, apparently acting pro se, requested Bankruptcy Judge Abram to stay the auction and, upon her refusal to do so, again appealed to the district court. That appeal, too, was assigned to Judge Carter who also refused to stay the auction on condition that the trustee not consummate the sales prior to resolution of the pending appeals from the conversion orders.
The auction was held on February 23, 1983. Robert Mantin made the highest bid for the Tiana Queen Lloyd Harbor and house. Mantin also made a $370,000 bid for the Todem Homes Lloyd Harbor option but his bid was predicated upon the trustee's delivery of fee title to him. Gerald Resnick made the highest bid ($135,000) for the