Legal Opinion
Lovald v. Tennyson (In Re Wolk)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided July 14, 2011No. BAP 11-6027PublishedCited by 2 opinions
1Opinion of the Court
SALADINO, Bankruptcy Judge.
This is the second time this panel has had the opportunity to consider the issues involved in this appeal. 1 Following re mand for consideration of the effect of 11 U.S.C. § 544(a)on the trustee’s motion to sell, the bankruptcy court 2 entered judgment on April 29, 2011, denying the trustee’s request to-sell jointly-owned real estate free and clear of the defendant co-owner’s interest pursuant to 11 U.S.C. § 363(b) and (h). The Chapter 7 trustee appeals and, for the reasons set forth below, we affirm.
Background
The debtor and his non-debtor spouse (Defendant Kathryn…
2Cases cited11 opinions
- First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
- Sholdan v. DietzCourt of Appeals for the Eighth Circuit · 1997
- In Re: Farmland Industries, Inc., Debtor. Official Committee of Unsecured Creditors v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
- Thomas D. Stalnaker, Trustee v. Dlc, Ltd., a Nebraska Corporation Dlc Family Trust, Ltd., a Nebraska CorporationCourt of Appeals for the Eighth Circuit · 2004
- In Re Jones Truck Lines, Inc., an Arkansas Corporation, Debtor. Jones Truck Lines, Inc. v. Foster's Truck & Equipment Sales, Inc.Court of Appeals for the Eighth Circuit · 1995
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3Cited by2 opinions
- Rhiel v. Central Mortgage Co. (In Re Kebe)United States Bankruptcy Court, S.D. Ohio · 2012
- John Lovald v. Kathryn TennysonCourt of Appeals for the Eighth Circuit · 2012