Levitt

Levitt v. Maxwell-Stratton

Good Law
310 F. App'x 127
United States Court of Appeals for the Ninth CircuitJanuary 23, 2009No. 07-16277California388 words

Opinion

Lead Opinion

*128 MEMORANDUM **

Attorney Donald Levitt appeals pro se from the district court’s judgment affirming the bankruptcy court’s order granting authority to the Chapter 7 Trustee for the bankruptcy estate of Miriam Levitt, Donald Levitt’s former wife, to sell co-owned real property. We have jurisdiction under 28 U.S.C. § 1291 . We review for clear error the bankruptcy court’s findings of fact and review de novo its conclusions of law. Preblich v. Battley, 181 F.3d 1048, 1051 (9th Cir.1999). We review de novo the district court’s decision on appeal from a bankruptcy court. Id. We affirm.

The bankruptcy court properly granted authority to the Trustee to sell the estate’s interest in the real property to Mrs. Levitt, subject to all existing liens and the claimed homestead exemption. See Teel v. Teel (In re Teel), 34 B.R. 762, 764 (9th Cir. BAP 1983) (when one spouse files for bankruptcy protection, all community assets become assets of the bankruptcy estate under 11 U.S.C. § 541 (a)(2)); 11 U.S.C. § 363 (h) (authorizing trustee to sell both the estate’s interest and the interest of any co-owner in property). Per his wishes, Mr. Levitt is now free to bring his contentions concerning his…

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