In re Ellis
Jan
07
2011
Ruling
Debtor ordered to turn over residence that was property of the estate for sale by trustee.
Procedural posture
The chapter 7 trustee, having avoided a lender's deed of trust granted by the debtors on their residence as an unauthorized postpetition transfer, pursuant to 11 U.S.C.S. § 549(a), elected to sell the residence through the bankruptcy case, and filed a motion to require debtors to turn over possession of the house to him while he attempted to liquidate it. The debtors objected, claiming a homestead exemption.
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Court
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