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§ 363(h)

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

Anketell, In re--Riley v. Anketell

Ruling: 
Trustee allowed to sell both estate's and co-owner's interest in real property as the co-owner failed to show that she would suffer economic hardship. (Bankr. D. Mass.)
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Consumer case opionion summary, case decided on September 28,2018, LexisNexis #1118-037

Guy, In re

Ruling: 
Motion for relief from the automatic stay so debtor's sister could pursue a judicial partitionby sale under state law of property was denied as releasing the property from the protectionof the court is not in the estate's best interest. (Bankr. E.D.N.C.)
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Consumer case opionion summary, case decided on July 10,2018, LexisNexis #0818-065

Quinones, In re--Ogier v. Atwater

Ruling: 
Trustee authorized to sell co-owned property. (Bankr. N.D. Ga.)
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Consumer case opionion summary, case decided on September 22,2017, LexisNexis #1017-095

Chatz v. Alice Rhoads Living Trust Dated June 1, 2012 (In re Rhoads)

Ruling: 
Court authorized trustee to sell the townhome the debtor owned with his wife free and clear of the wife's interest for the benefit of the estate. (Bankr. N.D. Ill.)
ABI Membership is required to access the full summary of Chatz v. Alice Rhoads Living Trust Dated June 1, 2012 (In re Rhoads). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 01,2012, LexisNexis #1017-036

Hopkins v. Wright (In re Labbee)

Ruling: 
Sale of debtor's home free and clear of co-owner's interest approved.
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Consumer case opionion summary, case decided on May 02,2016, LexisNexis #0516-112

Kao v. Kelly (In re Kao)

Ruling: 
Chapter 13 debtor did not have power to compel sale of property free and clear.
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Consumer case opionion summary, case decided on July 07,2015, LexisNexis #0815-010

McCallister v. Bernt (In re Thiel)

Ruling: 
Confirmed chapter 13 plan did not allow trustee to sell property owned by debtor and former spouse.
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Consumer case opionion summary, case decided on May 18,2015, LexisNexis #0615-045

Terry v. Evans (In re Evans)

Ruling: 
Trustee could sell property in which debtor held a one-half interest pursuant to property settlement with former spouse.
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Consumer case opionion summary, case decided on March 26,2015, LexisNexis #0415-079

Rhiel v. Cent. Mortg. Co. (In re Kebe)

Ruling: 
Trustee could not sell debtor's one-half interest in property co-owned by nondebtor who lived at the premises with family.
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Consumer case opionion summary, case decided on December 23,2014, LexisNexis #0415-039

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