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IN RE BENYOLA

Bankruptcy No. 90-33743-S, Adv. No. 91-3039-S.

136 B.R. 646 (1992)

In re Paul BENYOLA, Jr., Debtor. John F. AMES, Trustee, Plaintiff, v. Paul BENYOLA, Jr., Suzanne E. Benyola, Franklin First Federal Savings, and Frank Ralick, Defendants.

United States Bankruptcy Court, E.D. Virginia, Richmond Division.

February 3, 1992.

Attorney(s) appearing for the Case

John F. Ames, Richmond, Va., for plaintiff.

Leonard E. Starr, III, Farmer, Starr & Holmes, Sandston, Va., Thomas K. Kearney, Natkin, Heslep, Siegel & Natkin, P.C., Richmond, Va., Gary M. Nuckols, Good Pasture & Nuckols, Fredericksburg, Va., for defendants.

MEMORANDUM OPINION

BLACKWELL N. SHELLEY, Bankruptcy Judge.

This matter comes on before this Court upon the filing of a complaint by John F. Ames, Trustee in Bankruptcy for the debtor, to sell property owned by the debtor and the debtor's spouse, as tenants in common, free and clear of liens and interest pursuant to 11 U.S.C. § 363(h).

Upon consideration of the evidence and arguments of counsel presented at trial on November 22, 1991, the Court...

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