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In re Tomlinson

In re Tomlinson

Ruling
Trustee could not recover one-half value of Cessna aircraft from debtor's former spouse absent evidence of debtor's one-half ownership.
Procedural posture

Plaintiff chapter 7 trustee brought an adversary proceeding against defendant debtor's former husband, seeking to recover one-half the value of a Cessna aircraft pursuant to the provisions of 11 U.S.C. §§ 544 and 550. After denying the parties' cross-motions for summary judgment, the court held a hearing on the decisive issues, i.e., whether the debtor ever owned a one-half interest in the aircraft.

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opinion summary, case decided on August 07, 2006 , LexisNexis #0906-026