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IN RE PRAKOPE

Bankruptcy No. 04-14587-CEC. Adversary No. 04-1408.

317 B.R. 593 (2004)

In re Theodore Augest PRAKOPE, Debtor Richard E. O'Connell, as Trustee for the Chapter 7 Estate of Theodore Augest Prakope, Plaintiff, v. Jane Prakope, Defendant.

United States Bankruptcy Court, E.D. New York.

December 2, 2004.

Attorney(s) appearing for the Case

Leslie S. Barr, Brauner, Baron, Rosenzweig & Klein, LLP, New York, for Chapter 7 Trustee.

Wayne M. Greenwald, Law Offices of Wayne M. Greenwald, New York, Counsel for the Proposed Intervenors.

Jane Prakope, Neponsit, NY, Pro se.

Theodore Augest Prakope, Neponsit, NY, Pro se.

DECISION

CARLA E. CRAIG, Bankruptcy Judge.

This matter comes before the Court on the Trustee's motion for summary judgment in this action to sell property owned by the entireties by the debtor, Theodore Prakope ("Debtor"), and his wife, Jane Prakope ("Mrs. Prakope"), under § 363(h) of the Bankruptcy Code. Also before the Court is the motion of Bernice and Robert Luhrs, parties to a prepetition contract with the Prakopes to purchase the property...

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