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§ 363(h)

In re Lee

May
16
2007
Ruling
Court approved settlement by which trustee abandoned debtor's interest in real estate held as tenant in common with former spouse in exchange for payment from spouse.
Procedural posture

Movant, the chapter 7 trustee, asked the court to approve a settlement that the trustee proposed to enter into with an individual who co-owned real estate with a chapter 7 debtor. The co-owner was also debtor's ex-husband. At issue was whether the proposed settlement was proper under 11 U.S.C. § 363(h).

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opinion summary, case decided on May 16, 2007 , LexisNexis #0707-059
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Stewart v. Shubert (In re Stewart)

May
03
2007
Ruling
Trustee could not sell property transferred to debtor subject to interest of trust in favor of debtor's mother.
Procedural posture

Defendant chapter 7 trustee filed a motion to sell plaintiff debtor's interest in certain residential real property pursuant to 11 U.S.C. § 363(h). The debtor filed an adversary complaint seeking to enjoin the trustee from selling the property.

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opinion summary, case decided on May 03, 2007 , LexisNexis #0607-056
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Peterson v. Lewis (In re Jenkins)

Jul
31
2006
Ruling
Trustee was denied authorization to sell property since trustee had not shown that benefit to estate of sale free of interests of debtor's co-owners outweighed any detriment to them.
Procedural posture

This matter was before the court after trial on the adversary complaint filed by the chapter 7 trustee of the estate of the debtor seeking, inter alia, to sell both the estate's interest and the interests of her co-owner siblings in certain real property in Chicago, Illinois.

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opinion summary, case decided on July 31, 2006 , LexisNexis #0806-124
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Kovacs v. Sargent (In re Sargent)

Jan
04
2006
Ruling
Trustee as successor to the debtor's remainderman interest in property could not sell the property in which the debtor's mother had maintained a life estate interest.
Procedural posture

Plaintiff, a chapter 7 trustee, filed an action against defendants, the debtor, and a co-owner in a remainder interest in property, to obtain approval pursuant to 11 U.S.C. § 363(h) to sell the property on behalf of the bankruptcy estate. The trustee and the debtor filed cross-motions for summary judgment.

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opinion summary, case decided on January 04, 2006 , LexisNexis #0206-032
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Genova v. ESM Realty Trust (In re Stoll)

Sep
30
2005
Ruling
Beneficiaries, including the debtor, were deemed joints tenants in common of the assets of a trust, and the trustee was permitted to sell the trust property to obtain the estate's interest in the trust.
Procedural posture

Plaintiff, the chapter 7 trustee, sued defendants, two trusts and three individuals, including debtor, who each held a one-third interest in the trusts. The trustee alleged two causes of action. The first cause of action was for turnover of property of the bankruptcy estate pursuant to 11 U.S.C. § 542. The second sought a sale of the trusts'property pursuant to 11 U.S.C. § 363(h). The parties filed a motion for summary judgment.

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opinion summary, case decided on September 30, 2005 , LexisNexis #0106-111
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