Ziegler v. Schwenker (In re Ziegler)
Oct
02
2008
Ruling
Trustee allowed to sell debtor's remainder interest in property free and clear of claims of other remainder interest holders.
Procedural posture
Plaintiff bankruptcy trustee brought an adversary proceeding against defendant holders of remainder interests in real property in which the bankruptcy debtor also held a remainder interest, seeking authority to sell the remainder interest of the debtor free and clear of claims of the holders pursuant to 11 U.S.C.S. § 363(h). The trustee moved for summary judgment, and neither the debtor nor the holders responded to the motion.
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Court
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