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In re Mary Adams (Case No. 09-7001) 03/14/12

The Court previously approved the sale of real estate and personal property purportedly owned by the debtor’s daughter, but conditioned its ruling by providing that one-half of the allocated proceeds to the personal property would be escrowed pending evidence establishing the daughter’s ownership of such property.  Where there was no evidence that the property in question was ever possessed by the debtor’s daughter, the Court held that the remaining proceeds allocated by the contract to the personal property shall continue to be held in escrow.  The Court held that property owned by the debtor's daughter was not legally hers, as of the time of its purported sale, to the exclusion of any interest of her mother or her mother's creditors.

Date: 
Wednesday, March 14, 2012
Category: 
Chapter 13 Issues
Sale of Property
Chapter: 
13