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Barry A. Chatz, not individually but as the Chapter 7 Trustee of the Estate of Gurrie C. Rhoads, v. Alice Rhoads Living Trust Dated June 1, 2012 and Alice Rhoads (In re Gurrie Rhoads)

15 A 00819, 14 B 17886
Upon the chapter 7 trustee’s complaint under 11 U.S.C. § 363(h) seeking to sell all interests in real property held in a living trust in which the estate also has an interest, held: The trustee has established each element of section 363(h) to sell the real property free of the other interests therein. Therefore, judgment will be rendered in favor of the trustee and the trustee is authorized to sell the property.

Date: 
Friday, September 8, 2017