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§ 363(j)

Jackson, In re

Aug
07
2018
Ruling
Spouse did not have a valid claim to sale proceeds as condominium was community propertythat had become part of the bankruptcy estate. (Bankr. D.N.M.)
Issue(s)
Use, Sale, or Lease of Property; Distribution of Proceeds of Sale to Spouse or Co-owner.

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Consumer opinion summary, case decided on August 07, 2018 , LexisNexis #1018-067
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In re Bernardo

Jan
05
2010
Ruling
Interim distribution of sale proceeds of property jointly owned by debtor and non-debtor spouse denied where proceeds were subject to levy by IRS.
Procedural posture

A trustee filed a motion for an order authorizing the interim distribution of the net proceeds from a sale of real property jointly owned by a chapter 7 debtor and his non-debtor spouse to the non-debtor spouse pursuant to 11 U.S.C.S. § 363(j). The United States of America, on behalf of the Internal Revenue Service (IRS), objected to the motion on the grounds that the proceeds were subject to IRS levy pursuant to 26 U.S.C.S. §§ 6321 and 6331.

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Consumer opinion summary, case decided on January 05, 2010 , LexisNexis #0210-076
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In re Heinze

Apr
16
2009
Ruling
Debtor's co-owner's share of fees from sale of property could be deducted from its share of proceeds.
Procedural posture

A debtor filed for relief under chapter 7 of the Bankruptcy Code. In earlier proceedings a chapter 7 trustee obtained an order to sell property that was held jointly by the debtor and another, and to employ the services of a salesperson. The trustee sought an order, pursuant to 11 U.S.C.S. § 363(j), for an allocation of fees and expenses related to the sale between the debtor's estate and the other owner.

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Consumer opinion summary, case decided on April 16, 2009 , LexisNexis #0609-132
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