Legal Opinion
Johnson v. Johnson (In Re Johnson)
United States Bankruptcy Court, E.D. Pennsylvania
Decided July 26, 1985No. 17-15140PublishedCited by 23 opinions
1Opinion of the Court
OPINION
EMIL F. GOLDHABER, Chief Judge:
The paramount issue confronting us is whether we can grant relief on the debtor’s complaint to sell jointly owned marital property free and clear of liens under 11 U.S.C. § 363(h) of the Bankruptcy Code (“the Code”), although the property is subject to equitable distribution in the couple’s pending divorce action. We conclude that the property may not be sold for the reasons set forth below.
Summarizing the pertinent facts of this case we find as follows: 1
Approximately ten years ago the debtor and his wife purchased an improved parcel of realty. Although…
2Cases cited8 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- In The Matter Of M. Frenville Co., Inc.Court of Appeals for the Third Circuit · 1985
- Nevada National Bank v. Casgul of Nevada (In Re Casgul of Nevada)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1982
- Mason v. Williams (In Re Mason)United States Bankruptcy Court, D. Oregon · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re John Paul White, Debtor, John Paul White v. Patricia Ann WhiteCourt of Appeals for the Sixth Circuit · 1988
- Continental Air Lines, Inc. v. Hillblom (In Re Continental Air Lines, Inc.)District Court, S.D. Texas · 1986
- In Re ClarkeUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- In Re PetruccelliUnited States Bankruptcy Court, S.D. California · 1990
- In Re WilsonUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
18 more not listed; retrieve them via the Exa API.