IN RE WOLK

BAP No. 11-6027.

451 B.R. 468 (2011)

In re Theodore Stephen WOLK, Debtor. John S. Lovald, Trustee, Plaintiff-Appellant, v. Kathryn M. Tennyson, Defendant-Appellee, ABN Amro Mortgage Group, Inc.; Great Western Bank; Pennington County, Defendants.

United States Bankruptcy Appellate Panel of the Eighth Circuit.

Decided: July 14, 2011.


Attorney(s) appearing for the Case

Patrick T. Dougherty , Sioux Falls, SD, for appellant.

John Henry Mairose , Rapid City, SD, for appellee.

Before KRESSEL, Chief Judge, FEDERMAN, and SALADINO, Bankruptcy Judges.


SALADINO, Bankruptcy Judge.

This is the second time this panel has had the opportunity to consider the issues involved in this appeal.1 Following remand for consideration of the effect of 11 U.S.C. § 544(a)on the trustee's motion to sell, the bankruptcy court2 entered judgment on April 29, 2011, denying the trustee's request to sell jointly-owned real estate free...

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