IN RE ETOLL

Bankruptcy No. 08-23238 (RTL). Adversary No. 09-1741 (RTL).

425 B.R. 743 (2010)

In re Janette F. ETOLL, Debtor. Daniel E. Straffi, Trustee, Plaintiff, v. Edward M. Etoll, Defendant.

United States Bankruptcy Court, D. New Jersey.

March 5, 2010.


Attorney(s) appearing for the Case

Daniel E. Straffi, Straffi & Straffi, Toms River, NJ, for Plaintiff/Trustee.

Leonard S. Needle, Fair Haven, NJ, for Defendant.


OPINION

RAYMOND T. LYONS, Bankruptcy Judge.

INTRODUCTION

The Trustee seeks a judgment permitting a sale of a residence that the Debtor owned with her non-debtor spouse as tenants by the entirety. After filing bankruptcy, the Debtor died. Under state law the Debtor's interest in the entireties property terminated at her death. The Trustee has no further interest in the real property as of the Debtor's death. He may not sell the residence...

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