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IN RE FINGADO

No. 91-2075.

995 F.2d 175 (1993)

In re Henry Sherman FINGADO, a/k/a H.S. Fingado, Debtor. Harley H. SWINK, Trustee, Plaintiff-Appellant, v. SUNWEST BANK as Trustee for the Estate of Gillespie; Dale B. Gerdeman; MPK Corporation; Euclid Alcon; Jacob Alcon; Valley National Bank; James M. Durrett, Adm. CTA for the Estate of Stella Dysart; Francis E. Doughty; Daniel H. Doughty; Michael Doughty; Dubois, Caffrey & Cooksey, P.A.; Loren E. Smith; Fairfield, Farrow, Hunt, Reecer, & Strotz, P.C.; Western Bank of Albuquerque; Jeffrey Neill Brown; Robert E. Brown; Stephen L. Rohde; Dan L. Nelson; H.E. Toles; and Bill Jones, Defendants, Valetta Ruth Fingado, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 2, 1993.

Attorney(s) appearing for the Case

Leslie C. King III of Jurgens & King, Sante Fe, NM (James R. Jurgens of Jurgens & King, Santa Fe, NM, with him on the brief), for plaintiff-appellant.

Robert Waldman, Albuquerque, NM (J. Bart Wright, Albuquerque, NM, with him on the brief), for defendant-appellee.

Before HOLLOWAY and McWILLIAMS, Senior Circuit Judges, and CAUTHRON, District Judge.

PER CURIAM.

This action began when an involuntary bankruptcy petition was filed against the appellee Valetta Ruth Fingado and her husband, Henry Sherman Fingado. The petition was later dismissed as to Mrs. Fingado. However, when the trustee sought to sell certain real property held by the couple as joint tenants, Mrs. Fingado objected, arguing that her interest was outside of the bankruptcy estate. The bankruptcy court determined that her interest in the properties...

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