Lovald v. Tenyson (In re Wolk)
Oct
14
2010
Ruling
Denial of motion to sell property free and clear of co-owner's interest reversed and remanded for consideration of trustee's interest as bona fide purchaser.
Procedural posture
Appellant, a Chapter 7 trustee, challenged a decision of the United States Bankruptcy Court for the District of South Dakota, which denied the trustee's request to sell jointly owned real estate free and clear of defendant debtor's co-owner's interest pursuant to 11 U.S.C.S. § 363(h).
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Court
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Judge or Jurisdiction information not available
Nazar v. Carmichael (In re Carmichael)
Sep
21
2010
Ruling
Trustee could not sell manufactured home, in which debtor claimed homestead exemption, to realize value of avoided lien.
Procedural posture
Plaintiff trustee sought turnover and sale of a co-tenant's interest, by which the trustee sought to sell debtor's homestead in an effort to recover the value of an unperfected lien in debtor's manufactured home which was previously avoided and preserved for the benefit of the estate. Defendant debtor moved for summary judgment.
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Court
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Zimmerman v. Spickelmire (In re Spickelmire)
Jul
23
2010
Ruling
Trustee could not sell entire property held by debtor and others as tenants in common where sale of debtor's interest alone would be more practicable.
Procedural posture
Chapter 7 trustee commenced an adversary proceeding against defendants, the debtors and other entities and individuals, in order to obtain approval of the sale of certain real property under 11 U.S.C.S. § 363(h) and § 363(b)(1). Defaults were entered as to all defendants except one non-debtor individual, who asserted that her rights in and to the property stemmed from a warranty deed from a company to her.
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Court
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Stern v. Molano (In re Devanzo)
May
03
2010
Ruling
Trustee's sale of estate property approved where benefit to estate outweighed detriment to co- owner.
Procedural posture
Chapter 7 trustee brought an adversary proceeding against defendant co- owner, seeking to sell a debtor's interest in real property free and clear of the co-owner's interest pursuant to 11 U.S.C.S. §§ 541, 542, and 363(h) and to thereafter determine the co-owner's distributive interest in the sale proceeds.
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Court
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Morris v. Kasparek (In re Kasparek)
Apr
05
2010
Ruling
Bankruptcy court erred in denying sale of debtor's interest in jointly owned property absent express or implied trust.
Procedural posture
A bankruptcy debtor's father purchased real property which was farmed by a sharecropper, and the father titled the property in the names of appellees, the father, the debtor, and the debtor's brother, as joint tenants for estate planning purposes. Appellant bankruptcy trustee appealed the order of the U.S. Bankruptcy Court for the District of Kansas which denied the trustee's complaint to sell the jointly owned property.
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Court
:
Judge or Jurisdiction information not available
In re Duda
Jan
15
2010
Ruling
Trustee could sell property in which deceased debtor's daughter claimed an interest by virtue of a fraudulent transfer.
Procedural posture
Plaintiff, the chapter 7 trustee for the recently deceased debtor, filed a complaint seeking leave to sell, pursuant to 11 U.S.C.S. § 363(h), certain real property, in which the trustee claimed a fifty percent interest and in which the debtor's daughter also claimed a half-interest. The daughter had previously been granted a chapter 7 discharge, and her trustee sought to claim her interest in the real property as an asset of her reopened estate.
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Court
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Bostic v. Natl City Bank (In re DeRee)
Mar
26
2009
Ruling
Trustee could sell property free and clear where mortgages encumbered only debtor's dower rights.
Procedural posture
Chapter 7 trustee filed a motion for summary judgment in its action, which sought a determination of the extent of the first mortgage and second mortgage held by mortgage holders on debtor's property with respect to the debtor's ownership interest, and also sought authorization to sell the ownership interests of both the debtor and defendant wife in the property pursuant to 11 U.S.C.S. § 363(h).
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Court
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In re Strunk
May
09
2008
Ruling
Voluntary dismissal granted over objection of trustee.
Procedural posture
The chapter 7 Trustee filed a motion for reconsideration of the court's order that granted the debtors' motion to dismiss their chapter 7 case.
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Court
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In re Ocean Blue Leasehold Prop. LLC v. Croley (In re Ocean Blue Leasehold Prop LLC)
Mar
07
2008
Ruling
Sale of property owned by debtors as tenants-in-common with co-owner of 1/30 interest authorized with payment to co-owner.
Procedural posture
Plaintiff debtor brought an adversary complaint against defendants, who were co-owners of the subject real property as tenants in common, seeking the entry of a final judgment authorizing the debtor to sell both the estate's interest and co-owners' interests in the property pursuant to 11 U.S.C.S. § 363(h). The co-owners, who each owned a 1/30 interest in the office building property, opposed the sale of their interests.
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Court
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Olson v. Anderson (In re Anderson)
Nov
07
2007
Ruling
Trustee could not sell debtor's half interest in hunting cabin claimed as exempt with no objections to the exemption.
Procedural posture
Appellant, the trustee in bankruptcy, sought review of an order of the Bankruptcy Court for the Western District of Michigan that disapproved a settlement agreement as to certain real property between the trustee and the debtors upon the court's conclusion that the debtors'unchallenged exemption of the property removed it, in its entirety, from the bankruptcy estate, invalidating the settlement.
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Court
:
Judge or Jurisdiction information not available