Legal Opinion

Harkins v. Oswald (In Re Oswald)

United States Bankruptcy Court, N.D. West Virginia

Decided August 11, 1988No. Bankruptcy No. 87-00162-W, Adv. No. 87-0079PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION

L. EDWARD FRIEND, II, Bankruptcy Judge.

INTRODUCTION

This is a proceeding brought by the trustee in bankruptcy of Richard J. Oswald against the debtor, the debtor’s wife, Sylvia Oswald, and Fed One, F.A., holder of the first deed of trust, to ascertain the right of the trustee to sell the interest of both the debtor and the debtor’s wife in real estate located at 115 Queen Avenue, Park Place, Wheeling, West Virginia. The trustee seeks permission to sell the jointly owned real estate pursuant to § 363(h) of the Bankruptcy Code and retain on behalf of the debtor’s estate…

2Cases cited16 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
  3. Gary GREENBLATT, Trustee, Appellant, v. Levy FORD, Jr., Appellee. in Re Levy FORD, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1981
  4. Ambler Coleman Ragsdale and Ann Parrish Hancock Ragsdale v. Genesco, Inc.Court of Appeals for the Fourth Circuit · 1982
  5. Chippenham Hospital, Inc. v. Robert E. Bondurant, in Re Robert E. Bondurant, DebtorCourt of Appeals for the Fourth Circuit · 1983

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3Cited by7 opinions

  1. Bakst v. Griffin (In Re Griffin)United States Bankruptcy Court, S.D. Florida. · 1991
  2. Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Van Kylen (In Re Van Kylen)United States Bankruptcy Court, W.D. Wisconsin · 1989
  3. Community National Bank & Trust Co. of New York v. Persky (In Re Persky)United States Bankruptcy Court, E.D. New York · 1991
  4. Armstrong v. Trout (In Re Trout)United States Bankruptcy Court, D. North Dakota · 1992
  5. In Re BrollierUnited States Bankruptcy Court, W.D. Oklahoma · 1994

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