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IN RE BROWN

Bankruptcy No. 12-61023. Adversary No. 13-6019.

504 B.R. 446 (2014)

In re Fred and Joanne BROWN, Debtors. Maxie Higgason, Trustee, Plaintiff v. Fred Brown, et al., Defendants.

United States Bankruptcy Court, E.D. Kentucky, London Division.

January 2, 2014.

Attorney(s) appearing for the Case

Maxie Higgason , Corbin, KY, for Plaintiff.

L. Lee Tobbe , Gordon T. Germain , Monticello, KY, for Defendants.

Billie Ann Ballou, pro se.

MEMORANDUM OPINION

GREGORY R. SCHAAF, Bankruptcy Judge.

The Trustee brought this adversary proceeding seeking to sell certain real property (the "Property") owned jointly as tenants in common by the Debtor, Fred Brown, and Fred Brown's niece, Kim Simons. The issue is whether the Trustee may sell the Property as a whole, instead of offering only the Debtor's tenant in common interest, as allowed by 11 U.S.C. § 363(h). The Court conducted a trial on December...

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