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In re Orville E. Habeck and Louise M. Habeck

Bankr. No.: 
91-10113
Chapter: 
7
Date of Decision: 
November 13, 1991
Issue: 
Whether the trustee may sell homestead claimed exempt by the debtors where the trustee failed to show the estate had any interest in the property?
Ruling: 
The trustee may not sell homestead claimed exempt because he failed to show the estate had an interest in the property which could be sold under 11 U.S.C. § 363.
Full Bankruptcy Court Decision: 
PDF icon Habeck 11 13 91.pdf
Appeal Summary: 
The district court affirmed the bankruptcy court’s decision.
Full Bankruptcy Appellate Panel/District Court Appeal Opinion: 
PDF icon Habeck Dst Ct 3 24 92.pdf