In re Duda
Jan
15
2010
Ruling
Trustee could sell property in which deceased debtor's daughter claimed an interest by virtue of a fraudulent transfer.
Procedural posture
Plaintiff, the chapter 7 trustee for the recently deceased debtor, filed a complaint seeking leave to sell, pursuant to 11 U.S.C.S. § 363(h), certain real property, in which the trustee claimed a fifty percent interest and in which the debtor's daughter also claimed a half-interest. The daughter had previously been granted a chapter 7 discharge, and her trustee sought to claim her interest in the real property as an asset of her reopened estate.
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Court
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