Behm v. Bell (In Re Bell)

MEMORANDA OPINIONS AND ORDER

NEESE, Senior District Judge,

sitting by designation and assignment.

This is an appeal from a holding by a bankruptcy Court of this District that the trustee in bankruptcy could properly invoke the powers of 11 U.S.C. § 363(h) to sell the interest of a cotenant, as well as the interest of the bankruptcy estate in 56 acres of real estate and the residence situated thereon. The cotenant/appellant Mr. Christopher Scott Bell prays that this Court reverse and remand this action for proceedings under the Tennessee partition statute.

The appellant’s parents filed for…