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IN RE GABEL

Bankruptcy No. 05-11125, Adversary No. 06-5139.

353 B.R. 295 (2006)

In re Craig GABEL, Debtor. Craig Gabel, Plaintiff, v. Deborah Spicer, Defendant.

United States Bankruptcy Court, D. Kansas.

October 12, 2006.

Attorney(s) appearing for the Case

Mark J. Lazzo, Wichita, KS, for Debtor.

MEMORANDUM OPINION

ROBERT E. NUGENT, Chief Judge.

Debtor-in-possession Craig Gabel filed a complaint under 11 U.S.C. § 363(h)1 to sell real property and oil and gas interests in which he and his estranged common law wife, Deborah Spicer, are tenants in common. Ms. Spicer opposes selling the real estate and oil property under § 363(h) because she believes the property can be divided in kind and that she can operate...

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