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MATTER OF ELIN

Civ. A. No. 82-749, Bankruptcy No. 81-02755, Adv. No. 81-1298.

20 B.R. 1012 (1982)

In the Matter of Charles ELIN, Debtor. Margaret ELIN, Plaintiff, v. Michael G. BUSCHE, as Trustee in Bankruptcy of Charles Elin, Debtor, et al., Defendants.

United States District Court, D. New Jersey.

June 11, 1982.

Attorney(s) appearing for the Case

Jerome C. Eisenberg, Frank Orbach, Clapp & Eisenberg, P.C., Newark, N.J., for plaintiff.

Michael G. Busche, Trustee, pro se.

OPINION

DEBEVOISE, District Judge.

This is an appeal from a judgment of the Bankruptcy Court. The Court authorized the sale of certain residential real estate and determined that plaintiff, Margaret Elin, owned only an undivided one-half interest in the property as a tenant in common. Plaintiff urges that the Bankruptcy Court erred in holding that the provisions of 11 U.S.C. § 544(a) rendered ineffective the debtor's (plaintiff's husband's) attempt...

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