In re Etoll, Case No. 08-23238; U.S. Bankruptcy Court (DNJ); opinion by Lyons, U.S.B.J.; filed March 5, 2010. DDS No. 42-6-7066 [10 pp.]
Janette Etoll filed a petition under Chapter 7 of the U.S. Bankruptcy Code. Her only significant asset was her interest in residential real property that she and her nondebtor spouse owned as tenants by the entirety. Daniel Straffi was appointed trustee of the debtor’s estate. After filing bankruptcy, the debtor died. The trustee then filed an adversary proceeding to obtain court approval to sell the estate’s interest in the property together with the interest of defendant, the nondebtor spouse, pursuant to § 363(h) of the Bankruptcy Code.
