IN RE FLYNN

BAP No. CC-02-1553-KPB, Bankruptcy No. LA 01-33131-ER.

297 B.R. 599 (2003)

In re John F. FLYNN, Debtor. Elsie Stine, Appellant, v. Richard K. Diamond, Chapter 7 Trustee, Appellee.

United States Bankruptcy Appellate Panel of the Ninth Circuit.

Filed July 22, 2003.


Attorney(s) appearing for the Case

Claudia Kloss, Venice, CA, for Elsie C. Stine.

Steven J. Schwartz, Danning, Gill, Diamond & Kollitz, Los Angeles, CA, for Richard K. Diamond, Ch. 7 Trustee.

Before KLEIN, PERRIS, and BRANDT, Bankruptcy Judges.


OPINION

KLEIN, Bankruptcy Judge.

This appeal presents the questions of what expenses a co-owner may properly be charged under 11 U.S.C. § 363(j) in connection with the sale of the co-owner's interest in property under § 363(h) and whether the trustee may withhold proceeds due to the co-owner pending resolution of disputes between the co-owner and the trustee relating to the property.

The court ordered appellant co-owner to pay, as "costs...

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