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§ 363(h)(3)

Hopkins v. Wright (In re Labbee)

Ruling
Sale of debtor's home free and clear of co-owner's interest approved.
Issue(s)
Could trustee sell property co-owned by debtor with non-debtor free and clear of the non-debtor's interest?

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Consumer opinion summary, case decided on May 02, 2016 , LexisNexis #0516-112

Prosser v. Prosser (In re Prosser)

Ruling
Trustee granted authority to sell property subject to non-debtor spouse's right of first refusal.
Procedural posture

Before the court was plaintiff Chapter 7 Trustee's Motion for Order (I) approving the sale of the "Palm Beach Property" pursuant to a certain contract of sale, to the party that submitted the highest and best offer; (II) authorizing the Trustee to take all reasonable steps to complete the sale, (III) directing interevening defendant debtor and his non-debtor spouse to vacate the Property, and (IV) granting related relief ("Sale Motion").

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Consumer opinion summary, case decided on March 04, 2011 , LexisNexis #0411-042