In Re Gilbert John Marino, Debtor. Gilbert John Marino v. Anthony Xuereb, and Placer Savings and Loan Association

KENNEDY, Circuit Judge:

Placer Savings and Loan Association (Placer) appeals the district court’s order affirming the bankruptcy court’s allocation of a real estate commission on the bankruptcy estate’s sale of real property. The principal question is whether a nonbank-rupt co-owner of property that exercises a right of first refusal under 11 U.S.C. § 363(i) to purchase a bankrupt’s interest and retain the property is liable for its pro rata share of sales costs under 11 U.S.C. § 363Cf). We conclude the co-owner may be ordered to pay its pro rata share of such costs, and we affirm.

When the…