Legal Opinion

Whittington v. Gilbralter Savings & Loan Ass'n (In Re Spain)

District Court, N.D. Alabama

Decided December 16, 1988No. 2:88-cv-01337PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM OPINION

PROPST, District Judge.

This is an appeal by John P. Whittington, Trustee, from an order of the Bankruptcy Court denying the Trustee’s petition to sell for division the homestead property of the debtor, William H. Spain, held jointly with his wife, Mary P. Spain, also an appellee herein. The trustee’s petition to sell was filed pursuant to section 363(h) of the Bankruptcy Code. 1

The trustee had appealed a prior order of the Bankruptcy court denying the trustee’s petition to sell the property because, under the language of the Spains’ deed, the property was held as a tenancy…

2Cases cited38 opinions

  1. Quern v. JordanSupreme Court of the United States · 1979
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. Arizona v. CaliforniaSupreme Court of the United States · 1983
  4. Thomas v. Union Carbide Agricultural Products Co.Supreme Court of the United States · 1985
  5. 17 Collier bankr.cas.2d 743, Bankr. L. Rep. P 71,955 in the Matter of James P. Wood, M.D. And Carol B. Wood, Debtors. Dr. Arthur E. Wood, III v. Dr. James P. Wood, Carol Wood, Woodrow Barham & Wayne Clinic, P.A.Court of Appeals for the Fifth Circuit · 1987

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3Cited by8 opinions

  1. Dunlap v. Cash America Pawn (In Re Dunlap)District Court, M.D. Tennessee · 1993
  2. BancBoston Mortgage Corp. v. Ledford (In Re Ledford)District Court, M.D. Tennessee · 1991
  3. Coan v. Bernier (In Re Bernier)United States Bankruptcy Court, D. Connecticut · 1995
  4. Price v. Harris (In Re Harris)United States Bankruptcy Court, E.D. Virginia · 1993
  5. In Re Eveleth Mines, Inc.United States Bankruptcy Court, D. Minnesota · 2004

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