Legal Opinion

Community National Bank & Trust Co. of New York v. Persky (In Re Persky)

United States Bankruptcy Court, E.D. New York

Decided September 2, 1987No. 1-15-43758PublishedCited by 12 opinions

1Opinion of the Court

DECISION

MARVIN A. HOLLAND, Bankruptcy Judge:

In each of the above adversary proceedings, the debtor and his non-debtor wife own property as tenants by the entireties which they jointly occupy as their marital residence. Community National Bank and Trust Company of New York (“CNB”), over objection of the spouses, seeks authorization pursuant to 11 U.S.C. § 363(h) to sell the combined interests of both co-owners of property.

This decision addresses some of the pre-quisites to such a sale.

FACTS

Stuart Persky filed a voluntary petition for relief under Chapter 7 of the Bankruptcy Code on August 2,…

2Cases cited33 opinions

  1. Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
  2. In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
  3. Robinson v. Trousdale CountyTennessee Supreme Court · 1974
  4. Finnegan v. HumesAppellate Division of the Supreme Court of the State of New York · 1937
  5. Finnegan v. HumesNew York Court of Appeals · 1938

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3Cited by12 opinions

  1. In Re Bernard Persky and Stuart Persky, Debtors. Community National Bank and Trust Company of New York v. Stuart Persky and Ronnie PerskyCourt of Appeals for the Second Circuit · 1989
  2. Bakst v. Griffin (In Re Griffin)United States Bankruptcy Court, S.D. Florida. · 1991
  3. Sweeney, Cohn, Stahl & Vaccaro v. KaneAppellate Division of the Supreme Court of the State of New York · 2004
  4. Community National Bank & Trust Co. of New York v. Persky (In Re Persky)United States Bankruptcy Court, E.D. New York · 1991
  5. Armstrong v. Trout (In Re Trout)United States Bankruptcy Court, D. North Dakota · 1992

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

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