Lovald v. Tennyson (In re Wolk)
Apr
29
2011
Ruling
Trustee could not sell property owned by debtor and spouse as tenants in common.
Procedural posture
Plaintiff Chapter 7 trustee filed an adversary proceeding against defendants, a Chapter 7 debtor's wife, a mortgage group, and a bank, seeking an order under 11 U.S.C.S. § 363(h) that allowed him to sell real property the debtor and his wife owned as tenants in common. The bankruptcy court denied the trustee's motion and the trustee appealed. The U.S. Bankruptcy Appellate Panel remanded the case.
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Court
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