Field v. Henshaw (In re Henshaw)
Jul
10
2013
Ruling
Trustee could sell estate's one half interest in property together with co-owner's interest.
Procedural posture
Chapter 7 trustee filed a complaint against co-owners (the parents of one of the debtors) seeking authority to sell the estate's one-half interest in certain property, together with the co-owners' interests, pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment.
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Court
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Miller v. Boss (In re Boss)
Apr
02
2013
Ruling
Trustee could sell debtor's interest in real property along with interests of non-debtor, joint tenancy co-owners.
Procedural posture
Chapter 7 trustee sought summary judgment authorizing him to sell a debtor's interest in real property, along with the interests of defendants, non-filing co-owners, pursuant to 11 U.S.C.S. § 363(h). Defendants filed a cross motion for summary judgment, arguing the statute did not permit such a sale in this instance.
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Court
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Weisbart v. Momphard (In re Munro)
Jan
07
2013
Ruling
Proceeding seeking sale of estate's and debtor's father's interests in father's home denied given lack of benefit to estate.
Procedural posture
The chapter 7 trustee initiated an adversary proceeding in order to obtain authority to sell the interests of both the bankruptcy estate and defendant in defendant's home pursuant to 11 U.S.C.S. § 363(h) and Fed. R. Bankr. P. 7001(3). Defendant opposed the relief sought and moved for summary judgment.
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Court
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Boudreaux v. Sheffield (In re Sheffield)
Dec
14
2012
Ruling
Court denied motion for sale of residence where detriment to holders of life estate outweighed benefit to estate of debtor holding remainder interest.
Procedural posture
Citing 11 U.S.C.S. § 363(h), movant, the chapter 7 trustee for debtor daughter, asked the court to authorize a forced sale of a residence in which debtor had a remainder interest. The co-owners of the residence were debtor's parents. At issue was whether the benefit to be realized by debtor's estate upon such a sale outweighed the detriment to her parents.
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Court
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Chatz v. Alice Rhoads Living Trust Dated June 1, 2012 (In re Rhoads)
Jun
01
2012
Ruling
Court authorized trustee to sell the townhome the debtor owned with his wife free and clear of the wife's interest for the benefit of the estate. (Bankr. N.D. Ill.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.
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Court
:
In re Alvarez
Apr
24
2012
Ruling
Debtor could not cram down value of entireties property owned with non-debtor spouse.
Procedural posture
Debtor filed a petition under chapter 13 of the Bankruptcy Code and proposed to cramdown the value of property he owned as a tenant by the entireties with his non-debtor spouse and to pay a secured debt he owed to a bank national association ("bank") through his chapter 13 plan. The debtor asked the court to determine the value of the property and the status of the bank's lien. The court held a hearing on the debtor's motion.
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Court
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Sherman v. Mike Emke & Servers Inc. (In re Ondova Ltd.)
Oct
18
2011
Ruling
Trustee could sell debtor's internet domain name free and clear of interest of co-owner.
Procedural posture
Trustee brought an adversary proceeding against defendant co-owner of an entity which owned an Internet domain name, seeking authorization to sell the domain name free and clear of any interest of the co-owner pursuant to 11 U.S.C.S. § 363(h), alleging that the co-owner breached a settlement agreement which created the entity.
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Court
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Pergament v. Beck (In re Beck)
Sep
06
2011
Ruling
Trustee's sale of debtor's property free and clear of co-owner spouse's interest approved.
Procedural posture
Plaintiff, a Chapter 7 trustee, commenced an adversary proceeding seeking a judgment directing the sale of property pursuant to 11 U.S.C.S. § 363(h) and the equal division of the proceeds between the parties.
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Court
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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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- 11 U.S.C.
Prosser v. Prosser (In re Prosser)
Mar
04
2011
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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Court
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