Howison v. Hidler (In Re Hidler)

MEMORANDUM OF DECISION

JAMES A. GOODMAN, Chief Judge.

This matter came before the Court on the Trustee’s complaint pursuant to 11 U.S.C. § 363(h) to sell property free and clear of the interests of Debtor, Henry T. Hidler, and his wife Linda A. Hidler. 1 The complaint raises two issues: (1) whether Henry Hidler is entitled to a homestead exemption in the property and (2) whether the Trustee may sell property held by Henry and Linda Hidler as tenants by the entirety.

I. FINDINGS OF FACT

The undisputed facts as alleged in the complaint and admitted in the answer are as follows.

On August 10, 1971,…