Peet v. Checkett, No. 15-2040 (8th Cir. 2016)
Annotate this CaseDebtors Mathew and Marilynn held title to real property as joint tenants with Marilynn's parents. After debtors filed for bankruptcy, and Marilynn's parents died, the Trustee notified debtors that he intended to sell the real estate and a pickup truck Marilynn and her father owned as joint tenants. The Trustee maintained that the right of survivorship made the bankruptcy estate the sole owner. The court concluded that the Bankruptcy Appellate Panel did not err in affirming the sale of the real property and pickup because the joint tenancies remained intact through creation of the bankruptcy estate and therefore the bankruptcy estate included the joint tenancies. Accordingly, the court affirmed the judgment.
Court Description: Benton, Author, with Riley, Chief Judge, and Loken, Circuit Judge] Civil case - Bankruptcy. The bankruptcy court did not err in determining that joint tenancies with right of survivorship in real property and an auto remained intact through the creation of the bankruptcy estate, and it did not err in permitting the sale of the property on the ground the bankruptcy estate was the sole owner.
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