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Does Spouse's Ch 7 property interest trump other Spou=
Actually, a quick check on title showed it is held in Joint Tenancy and thanks for Patrick Greens expertise in knowing the case of In re Summerthat trumps 541 sucking the property into the H's Ch 7.
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________________________________
To: "cdcbaa@yahoogroups.com"
Sent: Sunday, July 7, 2013 7:05 AM
Subject: Re: [cdcbaa] Does Spouse's Ch 7 property interest trump other Spouse's Ch 11 property interest?
Was this question not answered?
Majority rule is all assets are in first case.
D
Sent from my iPad
On Jun 21, 2013, at 1:30 PM, Catherine Christiansen wrote:
>H had Ch 7 discharged.
>W had Ch 11 dismissed.
>Postpetition, prepetition 2nd DOT holder holds improper foreclosure sale.Action Defendants complain asset (State Court COA) not listed on BK's.omfort Stay is not violated.
>H reopens his case first to list State Court COA, defendant in State Court offers to purchase the COA from the Ch 7 Trustee, hearing is set for July.
>W then asks court (different BK Judge) to reopen her case to list State Court COA and court is waiting to reopen case until the outcome of the Chapter 7 purchase of the COA by the Defendants. Defendants argue 541 super-succeeds W's Ch 11 interest in residence as H's interest and W's interest are
tied up in the Ch 7 pursuant to 541.
>Anyone had this issue before?
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>Law Office of Catherine Christiansen
>17011 Beach Blvd. Ste 900, Huntington Beach, CA 92647
>Tel: (714) 375-6651 Fax: (562) 490-8572
>attorneychristiansen@gmail.com
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