Legal Opinion

Sapir v. Grabowski (In re Grabowski)

District Court, S.D. New York

Decided April 17, 1991No. Bankruptcy No. 89 B 20187; No. 90 ADV. 6054Published

1Opinion of the Court

DECISION ON MOTION FOR AN ORDER DISMISSING COMPLAINT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

The trustee in bankruptcy in this voluntary Chapter 7 case filed by the debtor, Joseph L. Grabowski, has commenced an adversary proceeding pursuant to 11 U.S.C. § 363(h) to sell a parcel of developed residential real estate which the trustee claims is owned by the debtor and his nondebtor wife as tenants by the entirety. The debt- or resists the trustee’s claim on the ground that the real estate is owned entirely by his nondebtor wife as a result of the debtor’s conveyance of his interest in the entirety…

2Cases cited17 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
  5. Fed. Sec. L. Rep. P 91,922 James Bloor v. Carro, Spanbock, Londin, Rodman & FassCourt of Appeals for the Second Circuit · 1985

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