Legal Opinion

Gordon E. Gouveia, Trustee in Bankruptcy for Kathleen Sue Hiles v. Barbara Tazbir

Court of Appeals for the Seventh Circuit

Decided September 29, 1994No. 93-3994PublishedCited by 54 opinions

1Opinion of the Court

FLAUM, Circuit Judge.

This is an appeal from a district court’s order affirming the bankruptcy court in its holding that a trustee may not sell a debtor’s land free of a reciprocal land covenant executed in favor of her neighbor’s property. We affirm.

I. Background

Kathleen Sue Hiles (“Debtor”) owns property in Scherville, Indiana, within a residential subdivision known as Lincoln Knolls Estates (“Lincoln”). In 1976 the Debtor obtained permission from the city zoning commission to build a commercial music store on her residential property. In response, some of her neighbors filed suit in state…

2Cases cited15 opinions

Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
In Re Lawrence N. Jolly, Debtor. Chattanooga Memorial Park v. C. Kenneth Still, Chapter Xiii TrusteeCourt of Appeals for the Sixth Circuit · 1978
In the Matter of Barry Stuart Udell, Debtor-Appellee. Appeal of the Standard Carpetland Usa, Inc.Court of Appeals for the Seventh Circuit · 1994
In Re Streets & Beard Farm Partnership, Debtor. Loren and Doris Mitchell v. David Streets, Shari Streets, Fred Beard, and Reynolds M. Everett, TrusteeCourt of Appeals for the Seventh Circuit · 1989
In Re Terrence A. Knutson, Bankrupt. Northwest Airlines, Inc. v. Edward F. Klinger, Trustee in Bankruptcy and Terrence A. KnutsonCourt of Appeals for the Eighth Circuit · 1977

10 more not listed; retrieve them via the Exa API.

3Cited by54 opinions

Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
WBQ Partnership v. Commonwealth Department of Medical Assistance Services (In Re WBQ Partnership)United States Bankruptcy Court, E.D. Virginia · 1995
In Re Old Carco LLCUnited States Bankruptcy Court, S.D. New York · 2009
In Re TaylorUnited States Bankruptcy Court, D. South Carolina · 1996
Baermann v. Ryan (In Re Ryan)United States Bankruptcy Court, N.D. Illinois · 2009

49 more not listed; retrieve them via the Exa API.