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Opinion 422

Case Name: 

Rushton v. Williams (In re Williams)

Judge: 
Judge Cornish, E.D. OK Bankr. Court, by designation
Date: 
Dec-5-2001
Case Number(s): 
00P-2023
Status: 

PUBLISHED
271 B.R. 663 (Bankr.D.Utah)

Body: 

Proceeding was brought to determine spouse's interest in real property that chapter 7 trustee sought to sell. The bankruptcy court held that: (1) even if debtor's spouse was entitled to an equitable lien in real property that trustee sought to sell, based on fact that property was acquired with funds in which spouse had a one-half interest, as to which debtor allegedly instructed real estate agent to prepare deed naming both himself and spouse as grantees, that equitable lien would merely give spouse the right to recoup her contribution from sale proceeds. It would not give her a joint interest in the property within the meaning of 11 U.S.C. § 363, which restricts trustee's right to sell jointly owned property; and (2) in any event, spouse's equitable lien claim was barred by laches.

Internal Ref: 
Opinion 422
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