Legal Opinion

Stine v. Diamond (In Re Flynn)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided July 22, 2003No. BAP No. CC-02-1553-KPB, Bankruptcy No. LA 01-33131-ERPublishedCited by 5 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

This appeal presents the questions of what expenses a co-owner may properly be charged under 11 U.S.C. § 363(j) in connection with the sale of the co-owner’s interest in property under § 363(h) and whether the trustee may withhold proceeds due to the co-owner pending resolution of disputes between the co-owner and the trustee relating to the property.

The court ordered appellant co-owner to pay, as “costs of sale” pursuant to § 363(j), a pro-rata share of the trustee’s attorneys’ fees incurred defending title and selling the co-owned property under § 363(h). It…

2Cases cited13 opinions

Butner v. United StatesSupreme Court of the United States · 1979
In Re American Mariner Industries, Inc., Debtor. Crocker National Bank v. American Mariner Industries, Inc., Debtor-AppelleeCourt of Appeals for the Ninth Circuit · 1984
In Re Eureka Upholstering Co.Court of Appeals for the Second Circuit · 1931
Ruvacalba v. Munoz (In Re Munoz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
15 Collier bankr.cas.2d 1459, Bankr. L. Rep. P 71,522 in Re Golden Plan of California, Inc. State Loan Servicing, Inc. Financial Securities Agency, Inc. Mid-Central California, Inc., Debtors. Jesse Bear v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Al Fox v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., Defendant- Robert Ackerman v. Melvyn J. Coben, Trustee of Golden Plan of California, Inc., DefendantCourt of Appeals for the Ninth Circuit · 1987

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3Cited by5 opinions

UTSA Apartments, L.L.C. v. UTSA Apartments 8, (In Re UTSA Apartments 8, L.L.C.)Court of Appeals for the Fifth Circuit · 2018
In Re BallUnited States Bankruptcy Court, N.D. West Virginia · 2007
In Re HeinzeUnited States Bankruptcy Court, M.D. North Carolina · 2009
In re: Tammy OgletreeUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2020
Tammy Marie OgletreeUnited States Bankruptcy Court, N.D. California · 2020