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IN RE KASPAREK

BAP No. KS-09-041. Bankruptcy No. 07-13019. Adversary No. 08-05085.

426 B.R. 332 (2010)

In re Jonathon W. KASPAREK, also known as J.W. Kasparek, and Mandy K. Kasparek, formerly known as Mandy K. Hawn, Debtors. J. Michael Morris, Trustee, Plaintiff-Appellant, v. Wayne A. Kasparek, James Kasparek, and Jonathon W. Kasparek, Defendants-Appellees.

United States Bankruptcy Appellate Panel of the Tenth Circuit.

April 5, 2010.

Attorney(s) appearing for the Case

Submitted on the briefs:*

J. Michael Morris of Klenda, Mitchell, Austerman & Zuercher, L.L.C., Wichita, KS, for Plaintiff-Appellant, J. Michael Morris, Trustee.

Mark Joseph Lazzo of Mark J. Lazzo, P.A., Wichita, KS, for Defendant-Appellee, Wayne A. Kasparek.

Before CORNISH, Chief Judge, MICHAEL, and RASURE, Bankruptcy Judges.

RASURE, Bankruptcy Judge.

Appellant J. Michael Morris, Chapter 7 Trustee ("Trustee") of the bankruptcy estate of Jonathon W. Kasparek ("Debtor" or "Jonathon"), appeals the bankruptcy court's Memorandum Opinion and Order Denying Trustee's Complaint to Sell Jointly Owned Property (the "Order"). The recorded deed to the real property at issue reflects that the property is held in joint tenancy by the Appellees herein: Debtor, his brother James Kasparek ("James"), and...

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