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In re Heinze

In re Heinze

Ruling
Debtor's co-owner's share of fees from sale of property could be deducted from its share of proceeds.
Procedural posture

A debtor filed for relief under chapter 7 of the Bankruptcy Code. In earlier proceedings a chapter 7 trustee obtained an order to sell property that was held jointly by the debtor and another, and to employ the services of a salesperson. The trustee sought an order, pursuant to 11 U.S.C.S. § 363(j), for an allocation of fees and expenses related to the sale between the debtor's estate and the other owner.

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Consumer opinion summary, case decided on April 16, 2009 , LexisNexis #0609-132