Lovald v. Tennyson, No. 11-6027 (8th Cir. 2011)
Annotate this CaseFollowing remand for consideration of the effect of 11 U.S.C. 544(a) on the trustee's motion to sell, the bankruptcy court entered judgment denying the trustee's request to sell jointly-owned real estate free and clear of defendant co-owner's interest pursuant to 11 U.S.C. 363(b) and (h). The Chapter 7 trustee appealed. The court held that the bankruptcy court did not abuse its discretion in denying the motion to sell where, based on the record before it, the bankruptcy court concluded that the trustee had not met his burden of proving that the benefit to the bankruptcy estate of the sale outweighed the detriment to defendant and where the bankruptcy court's findings of fact regarding the benefit of the estate and detriment to defendant were not clearly erroneous. Accordingly, the judgment was affirmed.
Court Description: Bankruptcy Appellate Panel. For the Panel's prior opinion in the matter, see Lovald v. Tennsyson (In re Wolk), 437 B.R. 850 (B.A.P. 8th Cir. 2010). Bankruptcy court's decision that the trustee had not met his burden of proving that the benefit of the sale of the property outweighed the detriment to Tennyson was not clearly erroneous, and the court did not abuse its discretion by denying the trustee's motion to sell.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.