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IN RE PENLAND

Bankruptcy Nos. 3-82-00426, 3-82-01286, Adv. No. 3-83-0001.

34 B.R. 536 (1983)

In re Randall Paul PENLAND, a/k/a Penland Photography, Debtor. In re Dona Gail PENLAND, Debtor. Thomas H. DICKENSON, Trustee for the Estate of Randall Paul Penland, and Leon Steinberg, Trustee For the Estate of Dona Gail Penland, Plaintiffs, v. Randall Paul PENLAND; Dona Gail Penland; and Lumbermen's Investment Corporation, Defendants.

United States Bankruptcy Court, E.D. Tennessee.

November 7, 1983.

Attorney(s) appearing for the Case

Thomas H. Dickenson, Knoxville, Tenn., for plaintiffs.

Stephen C. Zachary, Knoxville, Tenn., for defendants Randall and Dona Penland.

Child, O'Connor & Petty, Charles H. Child, Knoxville, Tenn., for defendant Lumbermen's Inv. Corp.

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

At issue is the right, pursuant to 11 U.S.C.A. § 363 (1979), of the co-plaintiffs, two trustees in bankruptcy, to jointly sell a lot and residence owned as tenants by the entirety by the debtors, husband and wife, whose chapter 7 petitions were filed approximately five months apart. The determinative issues pertain to the reopening of the husband's estate, pursuant to 11 U.S.C.A. § 350 (1979), and the...

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