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Section 363 Use, Sale, or Lease of Property (Judge Gargotta)

Roberts v. Gharbi (December 8, 2009)
Issue: Should Motion for Summary Judgment be granted to sell the property owned by the Debtors, free and clear of liens and all other interests, under 11 U.S.C. § 363(h) and Federal Rule of Bankruptcy Procedure 7001(3), when (1) partitioning the property is impracticable; (2) the benefit to the Estate of the sale of the Property, free of the interests of the co-owner, outweighs the detriment, if any, to the co-owner, the property; and (3) the Property is not used in the production, transmission, or distribution, for sale, of electric energy or of natural or synthetic gas for heat, light or power?
Holding: The Trustee’s Motion for Summary Judgment should be granted because there are no disputed material facts and Debtors failed to produce any evidence to contradict the Trustee’s assertion that he has authority to sell the Property.