Legal Opinion

Bankr. L. Rep. P 75,306 in Re Billy D. Lyons, Debtor. C.W. Lyons Anna C. Lyons v. Billy D. Lyons

Court of Appeals for the Ninth Circuit

Decided June 14, 1993No. 91-35921PublishedCited by 15 opinions

1Opinion of the Court

BEEZER, Circuit Judge:

C.W. and Anna Lyons, owners of real property as tenants in common with Chapter 7 debtor Billy Lyons, appeal the district court’s order affirming the bankruptcy court’s decision that the bankruptcy trustee is not required to initiate an adversary proceeding to obtain authority to sell the real property free of the non-debtor cp-owners’ interests. We reverse and remand.

I

The trustee moved to sell the estate’s interest in the real property as well as the interests of the non-debtor co-owners. The co-owners objected on the ground that the necessary authority could be obtained…

2Cases cited4 opinions

  1. Bankr. L. Rep. P 70,935 Vance L. Ragsdale v. John Frederick Haller AKA Fred HallerCourt of Appeals for the Ninth Circuit · 1986
  2. United States v. Energy Resources Co.Supreme Court of the United States · 1990
  3. In Re American Hardwoods, Inc., Debtor. American Hardwoods, Inc. v. Deutsche Credit CorporationCourt of Appeals for the Ninth Circuit · 1989
  4. In Re Vylene Enterprises, Inc., Debtor. Vylene Enterprises, Inc. v. Naugles, Inc.Court of Appeals for the Ninth Circuit · 1992

3Cited by15 opinions

  1. The Matter of Zale Corporation, Debtor. Alan D. Feld, and National Union Fire Insurance Company, Inc., of Pittsburgh, Pennsylvania v. Zale CorporationCourt of Appeals for the Fifth Circuit · 1995
  2. Ang Ung v. Boni (In Re Boni)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1999
  3. In Re RomanoUnited States Bankruptcy Court, E.D. Pennsylvania · 2007
  4. Montano v. First Light Federal Credit Union (In Re Montano)United States Bankruptcy Court, D. New Mexico · 2008
  5. In Re DunmoreUnited States Bankruptcy Court, N.D. California · 2001

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