In re DeCelis

Pre 2005-Act: 
Pre 2005-Act
Ruling: 
Trusteecould not sell property free and clear of co-owner's interest absent co-owner's affirmative consent.
Procedural posture: 
In an adversary proceeding, a trustee obtained a default order declaring that the transfer by defendant debtor to defendant co-owner of an interest in a house was void. After learning that the debtor and the co-owner acquired title to the subject property as tenants in common from the same grantors in a single deed, the trustee filed a motion to sell the property free and clear of the co- owner's interest pursuant to 11 U.S.C. § 363(f).
Issue: 
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