541(d) & 544 & 363(h)(2)

Post Reply
Yahoo Bot
Posts: 22904
Joined: Sun Oct 18, 2020 11:38 pm


Other than In reRodeo Canon Development Corp, does anyone have anyexperience
with Chapter 7 trustee attempting to sell residential real propertywhere debtor
was added to title of parents' home (apparent estate planning purpose) andwheredebtor never lived inproperty or made payments?
I see a conflict between541(d) and 544 and I'm not surehow the"benefit to the
estate" from sale is weighed against "detriment to co-owners" under 363(h)(2).
Thank you.
Peter
Peter M. Lively, JD, MBA
The Personal Financial Law Center* Culver City & Costa Mesa * 800-307-DEBT
Other than In re Rodeo Canon Development Corp, does anyone have any experience with Chapter 7 trustee attempting to sell residential real property where debtor was added to title of parents' home (apparent estate planning purpose) and where debtor never lived in property or made payments?

I see a conflict between 541(d) and 544 and I'm not sure how the "benefit to the estate" from sale is weighed against "detriment to co-owners" under 363(h)(2).

Thank you.
Peter
Peter M. Lively, JD, MBA
The Personal Financial Law Center * Culver City & Costa Mesa * 800-307-DEBT

The post was migrated from Yahoo.
Post Reply