Legal Opinion
Lovald v. Tennyson (In Re Wolk)
United States Bankruptcy Appellate Panel for the Eighth Circuit
Decided October 14, 2010No. 10-6050PublishedCited by 2 opinions
1Opinion of the Court
SALADINO, Bankruptcy Judge.
The Chapter 7 trustee appeals the June 24, 2010, judgment of the bankruptcy court in favor of the defendant, denying the trustee’s request to sell jointly owned real estate free and clear of the defendant co-owner’s interest pursuant to 11 U.S.C. § 363(h). For the reasons set forth below, we remand.
Background
The debtor and his wife own a single-family residence in Rapid City, South Dakota. They hold title as tenants in common. When the debtor filed his bankruptcy petition, he and his wife were in the process of dissolving their marriage. The debtor did not claim a…
2Cases cited9 opinions
- First National Bank of Olathe, Kansas v. Thomas M. Pontow Ann M. PontowCourt of Appeals for the First Circuit · 1997
- Sholdan v. DietzCourt of Appeals for the Eighth Circuit · 1997
- In Re: Farmland Industries, Inc., Debtor. Official Committee of Unsecured Creditors v. Farmland Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
- Thomas D. Stalnaker, Trustee v. Dlc, Ltd., a Nebraska Corporation Dlc Family Trust, Ltd., a Nebraska CorporationCourt of Appeals for the Eighth Circuit · 2004
- In Re Jones Truck Lines, Inc., an Arkansas Corporation, Debtor. Jones Truck Lines, Inc. v. Foster's Truck & Equipment Sales, Inc.Court of Appeals for the Eighth Circuit · 1995
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3Cited by2 opinions
- Lovald v. Tennyson (In Re Wolk)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2011
- John S. Lovald v. Kathryn M. TennysonUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2011