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§ 363(h)

Markisich, In re--Doyaga v. Markisich

Ruling
Bankruptcy trustee plausibly alleged the threshold requirements claim to proceed with thesale of single-family home as the debtor had an undivided interest in the property on thepetition date. (Bankr. E.D.N.Y.)
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 November 20, 2023 , LexisNexis #0124-058

Markisich, In re--Doyaga v. Markisich

Ruling
Bankruptcy trustee plausibly alleged the threshold requirements claim to proceed with thesale of single-family home as the debtor had an undivided interest in the property on thepetition date. (Bankr. E.D.N.Y.)
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 November 20, 2023 , LexisNexis #0124-058

Karr, In re

Ruling
Court authorized the turnover and sale of entire co-owned property as the appropriate meansfor liquidating the estate's one-half interest. (Bankr. N.D. Ala.)
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 August 29, 2023 , LexisNexis #1123-006

Mitchell-Smith, In re--Palmer v. Mitchell

Ruling
Sale of single-family property ordered free and clear of interest of debtor’s son. (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 February 16, 2023 , LexisNexis #0423-058

Schertz, In re--Reinbold v. Schertz

Ruling
Trustee was allowed to proceed with selling the property free and clear of the co-owner'sinterest as the trustee established that selling the property would yield a significant dividendto the creditors of the debtor's bankruptcy estate. (Bankr. C.D. Ill.)
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 November 17, 2022 , LexisNexis #0123-57

Parsons, In re--Parsons v. Parsons

Ruling
Debtor was entitled to pursue a sale of his and co-owners' interests in the property as theproperty was not used in the production, transmission, or distribution for sale of electricenergy or natural gas for heat, light, or power. (Bankr. D. Kan.)
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 November 23, 2021 , LexisNexis #0122-058

Brancato, In re--Pryor v. Brancato

Ruling
Motion to dismiss denied as trustee adequately plead that a sale of the estate's interest and theinterest of the debtor may result in a surplus of funds for the estate. (Bankr. E.D.N.Y.)
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 November 15, 2021 , LexisNexis #0122-036

Al-Idrisi, In re--Desmond v. Edrissi

Ruling
Trustee met his initial burden of demonstrating that the estate would benefit from a sale ofboth the debtor's and co-owner's interests in property. (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 November 12, 2021 , LexisNexis #0122-035

Landon, In re

Ruling
Debtor granted a lien against co-owner’s interest in the property because of his excessmortgage contributions and co-owner’s failure to prove entitlement to credits. (Bankr. D.Haw.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 13, 2021 , LexisNexis #0221-055

Sanchez, In re--Mender v. Franqui

Ruling
Trustee was permitted to sell property co-owed by debtor as the partition of the propertyamong co-owners is impracticable and the benefit to the estate from the proposed saleoutweighed the detriment to the co-owner. (Bankr. D.P.R.)
Issue(s)
Use, Sale, or Lease of Property; Sale of Estate and Co-Owner Interests.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on August 15, 2019 , LexisNexis #1019-032