Legal Opinion

O'Connell v. Prakope (In Re Prakope)

United States Bankruptcy Court, E.D. New York

Decided December 2, 2004No. 1-19-40519PublishedCited by 7 opinions

1Opinion of the Court

DECISION

CARLA E. CRAIG, Bankruptcy Judge.

This matter comes before the Court on the Trustee’s motion for summary judgment in this action to sell property owned by the entireties by the debtor, Theodore Prakope (“Debtor”), and his wife, Jane Prakope (“Mrs. Prakope”), under § 363(h) of the Bankruptcy Code. Also before the Court is the motion of Bernice and Robert Luhrs, parties to a prepetition contract with the Prakopes to purchase the property in question, to intervene in this adversary proceeding under Fed.R.Civ.P. 24.

Jurisdiction

This Court has jurisdiction over this core proceeding under 28…

2Cases cited33 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  4. First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
  5. Donaldson v. United StatesSupreme Court of the United States · 1971

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3Cited by7 opinions

  1. Kovacs v. Sargent (In Re Sargent)United States Bankruptcy Court, N.D. Ohio · 2006
  2. Yoppolo v. Schwenker (In Re Ziegler)United States Bankruptcy Court, N.D. Ohio · 2008
  3. Calyon New York Branch v. American Home Mortgage Corp. (In Re American Home Mortgage, Inc.)United States Bankruptcy Court, D. Delaware · 2008
  4. Madoff v. Amaral (In re Amaral)United States Bankruptcy Court, D. Massachusetts · 2016
  5. Geltzer v. Bevilacqua (In re Schulter)United States Bankruptcy Court, E.D. New York · 2018

2 more not listed; retrieve them via the Exa API.

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