Legal Opinion

John Lovald v. Kathryn Tennyson

Court of Appeals for the Eighth Circuit

Decided July 30, 2012No. 11-2737PublishedCited by 5 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

Theodore Wolk filed for Chapter 7 bankruptcy, and the trustee sought an order from the bankruptcy court authorizing the sale of the home Wolk owned as a tenant in common with his wife, Kathryn Tennyson. After several proceedings the bankruptcy court 1 denied the motion to sell the home, concluding that the detriment of such a sale to Tennyson outweighed the benefit to the bankruptcy estate. Wolk appealed, and the bankruptcy appellate panel 2 affirmed. In re Wolk, 451 B.R. 468, 470 (B.A.P. 8th Cir.2011). The trustee now appeals, and we affirm.

The trustee of Wolk’s…

2Cases cited7 opinions

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 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
McCarty v. LasowskiCourt of Appeals for the Eighth Circuit · 2009
Probasco v. Eads (In re Probasco)Court of Appeals for the Ninth Circuit · 1988

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

3Cited by5 opinions

Schlehuber v. Fremont National Bank & Trust Co. (In re Schlehuber)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2013
Bowman v. Casamatta (In re Bowman)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
Sarachek v. Luana Savings BankDistrict Court, N.D. Iowa · 2016
Jack Bowman v. Daniel J. CasamattaUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2015
James Schlehuber v. Fremont National Bank & TrustUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2013