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6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
Baltimore
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688
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Prior to bankruptcy, Debtor co-owned real property as joint tenants with his mother. Debtor’s mother passed away intestate within 180 after the Debtor’s Chapter 7 case filed. Chapter 7 Trustee filed complaint seeking a declaratory judgment as to ownership interests in the subject property and further seeking authority to sell the property free and clear of the interests of the co-owner. The United States Bankruptcy Court, Duncan W. Keir, J., held that: (1) the pre-petition judgment creditor holding judgment against only the Debtor had not obtained a lien on the Debtor’s real property; (2) the filing of the chapter 7 bankruptcy case severed the joint tenancy; (3) Debtor’s one-half interest in the property at the time of petition constituted property of the Debtor’s bankruptcy estate; (4) upon the death of Debtor’s mother the property was co-owned by the Debtor’s bankruptcy estate and the Estate of Jeung Soon Kim to which Debtor (and therefore his estate) was a one-third beneficiary; and (5) the Chapter 7 Trustee was authorized to sell the property free and clear of the interests of the Estate of Jeung Soon Kim.

PDF File: 
Entered: 
2003-01-27
Case: 
96-19967
Judge: 
Duncan W. Keir