IN RE: CHERNUSHIN

Case Type:
Consumer
Case Status:
Affirmed
Citation:
18-1068 (10th Circuit, Dec 21,2018) Published
Tag(s):
Ruling:
The bankruptcy estate of a debtor who owned a second home as a joint tenant with a right of survivorship ceased to have any interest in the second home upon the debtor's death. Thus, the debtor's bankruptcy trustee had n0 right to sell the home upon the debtor's death.
Procedural context:
Upon the debtor's death, the debtor's Chapter 13 trustee commenced an adversary proceeding against the debtor's non-debtor widow to compel the sale of the second home in Colorado. The bankruptcy court and the district court had ruled that the debtor's death terminated the estate's interest in the second home. The trustee appealed.
Facts:
Before the commencement of the debtor's Chapter 13 case, the debtor and his non-debtor spouse purchased a second home in Colorado. This property was titled to them as joint tenants with rights of survivorship. The debtor died during his Chapter 13 case.
Judge(s):
BRISCOE, MURPHY, and McHUGH

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