IN RE JOHNSON

Bankruptcy No. 84-00291G, Adv. No. 84-0970G.

51 B.R. 439 (1985)

In re Samuel C. JOHNSON, III, Debtor. Samuel C. JOHNSON, III, Plaintiff, v. Florence H. JOHNSON, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

July 26, 1985.


Attorney(s) appearing for the Case

Joseph S.J. Bodoff, Pincus, Verlin, Hahn, Reich & Goldstein, Philadelphia, Pa., for debtor/plaintiff, Samuel C. Johnson, III.

Richard B. Perlman, Norristown, Pa., for defendant, Florence H. Johnson.


OPINION

EMIL F. GOLDHABER, Chief Judge:

The paramount issue confronting us is whether we can grant relief on the debtor's complaint to sell jointly owned marital property free and clear of liens under 11 U.S.C. § 363(h) of the Bankruptcy Code ("the Code"), although the property is subject to equitable distribution in the couple's pending divorce action. We conclude that the property may not be sold for the reasons set forth below.

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