IN RE WOLK

No. 10-6050.

437 B.R. 850 (2010)

In re Theodore Stephen WOLK, d/b/a Ted Wolk Apartments, Debtor. John S. Lovald, Trustee, Plaintiff-Appellant, v. Kathryn M. Tennyson, Defendant-Appellee.

United States Bankruptcy Appellate Panel for the Eighth Circuit.

Filed: October 14, 2010.


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.

The Chapter 7 trustee appeals the June 24, 2010, judgment of the bankruptcy court in favor of the defendant, denying the trustee's request to sell jointly owned real estate free and clear of the defendant co-owner's interest pursuant to 11 U.S.C. § 363(h). For the reasons set forth below, we remand.

Background

The debtor and his wife own a single-family residence in Rapid City, South Dakota. They hold title...

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