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IN RE HAMILTON

Bankruptcy No. 382-03874, Adv. No. 383-0218.

32 B.R. 337 (1983)

In re Melba Jeanne HAMILTON, Debtor, Robert H. WALDSCHMIDT, Trustee, Plaintiff, v. Melba Jeanne HAMILTON, Charles N. Hamilton, Jr., & Lomas & Nettleton Co., Defendants.

United States Bankruptcy Court, M.D. Tennessee.

August 17, 1983.

Attorney(s) appearing for the Case

Robert H. Waldschmidt, Cosner & Waldschmidt, Nashville, Tenn., for plaintiff.

Jack Green, Nashville, Tenn., for debtors/defendants.

MEMORANDUM1

KEITH M. LUNDIN, Bankruptcy Judge.

The defendants' motion to dismiss presents the question whether a Chapter 7 trustee may exercise the power contained in 11 U.S.C.A. § 363(h) (West 1979) to sell property held by a debtor as tenant by the entirety when the debtor's spouse is not in bankruptcy and the debtor has elected the federal exemptions under 11 U.S.C.A. § 522...

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