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IN RE BERNIER

Bankruptcy No. 90-52302. Adv. No. 91-5258.

176 B.R. 976 (1995)

In re Paul A. BERNIER, Debtor. Richard M. COAN, Trustee, Plaintiff, and United States of America, Plaintiff-Intervenor, v. Linda A. BERNIER, Defendant.

United States Bankruptcy Court, D. Connecticut.

January 13, 1995.

Attorney(s) appearing for the Case

Timothy D. Miltenberger, Coan, Lewendon and Royston, New Haven, CT, for plaintiff.

Deirdre A. Martini, Asst. U.S. Atty., Bridgeport, CT, Karen I. Meyer, J. Christopher Kohn, Tracy J. Whitaker, Shereen J. Charlick, Civ. Div., Dept. of Justice, Washington, DC, for U.S.

Carl T. Holt, Westport, CT, for defendant.

MEMORANDUM AND ORDER ON COMPLAINT TO SELL REAL PROPERTY FREE AND CLEAR OF THE INTEREST OF CO-OWNER

ALAN H.W. SHIFF, Bankruptcy Judge.

The defendant challenges the constitutionality of § 363(h) and (j) of the Bankruptcy Code. For the reasons that follow, I conclude that those subsections are constitutional.

BACKGROUND

The plaintiff is the chapter 7 trustee in this case and commenced...

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