Read the following excerpt from a US court opinion:
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“[the trustee, after notice and a hearing, may ... sell ..., other than in the ordinary course of business, property of the estate.]” 11 U.S.C. § 363(b)(1) (1985). * * * If there are objections, however, the trustee must seek approval of the proposed sale from the bankruptcy court. The appropriate standard used by courts in reviewing a trustee’s recommendation has been enunciated in myriad ways. See, e.g., In re Schipper, 933 F.2d 513, 515 (7th Cir.1991) (stating that sales are an exercise of a fiduciary duty that requires an “articulated business justification”); In re Chung King, Inc., 753 F.2d 547, 549 (7th Cir.1985) (opining that the sale must result in the estate obtaining the best price possible under the circumstances); In re Apex Oil Co., 92 B.R. 847, 866 (Bankr.E.D.Mo.1988) ; In re Phoenix Steel Corp., 82 B.R. 334,
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What is the most suitable continuation to the opinion? Your options are:
A. holding that the transaction must be fair and equitable and in good faith
B. recognizing an implied covenant of good faith and fair dealing by all parties in the performance of a contract for the sale of real estate
C. holding that the duty of good faith and fair dealing is a contractual duty
D. holding that benefiting fiduciary must show he acted in good faith and that transactions were fair and equitable
E. holding that a sale must be both fair and reasonable in price and made in good faith
Reply with [A, B, C, D, E] only.