Bostic v. Natl City Bank (In re DeRee)
Mar
26
2009
Ruling
Trustee could sell property free and clear where mortgages encumbered only debtor's dower rights.
Procedural posture
Chapter 7 trustee filed a motion for summary judgment in its action, which sought a determination of the extent of the first mortgage and second mortgage held by mortgage holders on debtor's property with respect to the debtor's ownership interest, and also sought authorization to sell the ownership interests of both the debtor and defendant wife in the property pursuant to 11 U.S.C.S. § 363(h).
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Court
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