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IN RE ABDALLAH

Bankruptcy No. 80-01759-L.

39 B.R. 384 (1984)

In re George ABDALLAH, Debtor.

United States Bankruptcy Court, D. Massachusetts.

April 12, 1984.

Attorney(s) appearing for the Case

James M. Langan, Langan, Dempsey & Brodigan, Boston, Mass., for Eva Abdallah (non-debtor surviving spouse of the above-named debtor).

S. James Boumil, Lowell, Mass., for Richard Drury (administrator of the estate of Mary T. Abdallah, mother of the debtor).

Jordan L. Shapiro, Shapiro & Shapiro, Malden, Mass., for George Abdallah, Jr. (son of the debtor).

Allen H. Roffman, Chelsea, Mass. (Chapter 7 Trustee).

Charles P. Bennett, Jr., Riemer & Braunstein, Boston, Mass., special counsel to the Trustee.

MEMORANDUM AND ORDER RE MOTION TO COMPEL SALE OF ASSETS

THOMAS W. LAWLESS, Chief Judge.

The issue before the Court is whether the trustee can sell, pursuant to 11 U.S.C. § 363(h), property that was held by the debtor and his non-debtor spouse as tenants by the entirety on the day of the bankruptcy filing where the debtor died prior to the filing and allowance of the § 363(h) action.

This internecine feud of the Abdallah family came into...

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