Legal Opinion
Coan v. Bernier (In Re Bernier)
United States Bankruptcy Court, D. Connecticut
Decided January 13, 1995No. 19-50179PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM AND ORDER ON COMPLAINT TO SELL REAL PROPERTY FREE AND CLEAR OF THE INTEREST OF CO-OWNER
ALAN H.W. SHIFF, Bankruptcy Judge.
The defendant challenges the constitutionality of § 363(h) and (j) of the Bankruptcy Code. For the reasons that follow, I conclude that those subsections are constitutional.
BACKGROUND
The plaintiff is the chapter 7 trastee in this case and commenced this adversary proceeding against the defendant, the debtor’s wife, seeking to sell both her and the debtor’s interest in their residence located in New Canaan, Connecticut pursuant to § 363(h). See infra, p. 980. The…
2Cases cited87 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Butner v. United StatesSupreme Court of the United States · 1979
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
- Lucas v. South Carolina Coastal CouncilSupreme Court of the United States · 1992
82 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re KaneUnited States Bankruptcy Court, D. Nevada · 2006
- In Re RoseUnited States Bankruptcy Court, E.D. Tennessee · 2004
- Martini v. We the People Forms & Service Centers USA, Inc. (In Re Barcelo)United States Bankruptcy Court, E.D. New York · 2004
- Kernell Thaw v. Christopher MoserCourt of Appeals for the Fifth Circuit · 2014
- In Re TrecoDistrict Court, S.D. New York · 1999
9 more not listed; retrieve them via the Exa API.