Schwab v. Stroup (In re Stroup)

OPINION

ROBERT N. OPEL, II, Bankruptcy Judge.

This is a Motion for Summary Judgment filed by the Chapter 7 Trustee. The Trus*86tee moves for summary judgment to sell, pursuant to 11 U.S.C. § 363(h)1 the Debtors’ interests in a limited liability company free of the co-owners’ interests in the limited liability company. For the reasons stated below, the Motion for Summary Judgment is denied.

I. JURISDICTION

This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§ 1334 and 157. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A) and (N).

II.FACTS AND PROCEDURAL HISTORY

A Voluntary…