Schoenmann

Schoenmann v. de Leon (In re Whiting)

Good Law
2004 Bankr. LEXIS 990·311 B.R. 539
United States Bankruptcy Court, Northern District of CaliforniaApril 28, 2004Bankruptcy No. 03-31927 DM; Adversary No. 03-3697 DMCalifornia2,839 words

Opinion

Lead Opinion

Montali, J.

MEMORANDUM DECISION ON PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

On March 11, 2004, this court held a hearing on the motion for partial summary judgment (“MSJ”) filed by the Trustee E. Lynn Schoenmann (“Trustee”). Defendants Kathleen M. de Leon and L. Michael de Leon (“the de Leons”) filed an opposition to the MSJ. For the reasons stated below, the court will deny the MSJ.

I. Relevant Undisputed Facts

This case concerns a “Tenancy in Common Agreement for 320-322 Collingwood Street” (“TIC Agreement”) between Laurence E. Whiting (“Debtor”) and the de Leons. At the time of the filing of the bankruptcy petition, Debtor had a 32.14% or roughly one-third interest, in property held as a tenant in common with the de Leons.

In 2000, the de Leons purchased the entirety of property located at 320-322 Collingwood Street, San Francisco, CA, 94114 (“Property”). The Property consists of a single parcel of land with two dwellings. Since the time of the de Leons’ purchase the rear dwelling has been exclusively occupied by Debtor. The de Leons have exclusively occupied the front dwelling. There is separate access to each dwelling: the front dwelling has access directly from the sidewalk…

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