The Court denied the trustee's complaint (1) for injunctive and declaratory relief and (2) for authority to sell property of a co-owner free and clear of all liens, claims, rights and interests pursuant to 11 U.S.C. § 363(b), (f) and (h) against debtor because the trustee failed to meet his burden of proof and, as required in Webber and Burkholder Corp. v. Rogers (In re Webber), 1988 U.S. Dist. LEXIS 18415 (W.D. Va. 1988), establish (through consideration, actual authority, or otherwise) the debtor's ownership interest in a terminated corporation for which the debtor and the debtor's father are trustees in liquidation under Va. Code § 13.1-751(A).
File:
Judge:
Date:
Monday, July 30, 2007
Category:
Burden of Proof
Property of the Estate
Sale of Property
Turnover
Chapter:
7