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§ 363(h)

Anketell, In re--Riley v. Anketell

Ruling
Trustee allowed to sell both estate's and co-owner's interest in real property as the co-owner failed to show that she would suffer economic hardship. (Bankr. D. Mass.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on September 28, 2018 , LexisNexis #1118-037

Guy, In re

Ruling
Motion for relief from the automatic stay so debtor's sister could pursue a judicial partitionby sale under state law of property was denied as releasing the property from the protectionof the court is not in the estate's best interest. (Bankr. E.D.N.C.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on July 10, 2018 , LexisNexis #0818-065

Quinones, In re--Ogier v. Atwater

Ruling
Trustee authorized to sell co-owned property. (Bankr. N.D. Ga.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Consumer opinion summary, case decided on September 22, 2017 , LexisNexis #1017-095

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

Kao v. Kelly (In re Kao)

Ruling
Chapter 13 debtor did not have power to compel sale of property free and clear.
Issue(s)
Was debtor entitled to an order for sale of property free and clear of creditor's claimed interest?

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Consumer opinion summary, case decided on July 07, 2015 , LexisNexis #0815-010

McCallister v. Bernt (In re Thiel)

Ruling
Confirmed chapter 13 plan did not allow trustee to sell property owned by debtor and former spouse.
Issue(s)
In chapter 13 case with confirmed plan was the trustee authorized to sell a house co-owned by debtor along with debtor's former spouse, free and clear of the spouse's interest?

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Consumer opinion summary, case decided on May 18, 2015 , LexisNexis #0615-045

Terry v. Evans (In re Evans)

Ruling
Trustee could sell property in which debtor held a one-half interest pursuant to property settlement with former spouse.
Issue(s)
Could trustee sell property in which debtor held a one-half interest pursuant to property settlement with former spouse?

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Consumer opinion summary, case decided on March 26, 2015 , LexisNexis #0415-079

Rhiel v. Cent. Mortg. Co. (In re Kebe)

Ruling
Trustee could not sell debtor's one-half interest in property co-owned by nondebtor who lived at the premises with family.
Issue(s)
Could trustee sell the estate's interest in a residence and also to sell the interest of nondebtor co- owner who lived in the home his family?

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Consumer opinion summary, case decided on December 23, 2014 , LexisNexis #0415-039

In re Ripberger

Ruling
Debtor's former spouse lacked cause for lifting of stay following final divorce decree.
Issue(s)
Was debtor's former spouse entitled to stay relief to obtain a post-divorce decree state court adjudication of rights in their former marital residence?

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Consumer opinion summary, case decided on October 28, 2014 , LexisNexis #1114-080

Cunningham v. Young (In re Powe)

Ruling
Trustee could sell debtor's partially owned non-trust property.
Issue(s)
Could trustee sell properties partially owned by debtor, some of which were allegedly owned by a trust?

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Consumer opinion summary, case decided on August 07, 2014 , LexisNexis #0914-008