180 acres property is paid off 1 person owns 50% 2 person owns 25% % are based on total amount of acres owned jointly person with 25% ownership is filing bankruptcy
I believe you are asking if a Trustee in bankruptcy can take assets of a co-owner. That depends on a number of different factors, such as which chapter of bankruptcy is filed, the amount of equity in the debtor's share of the property, and what exemptions are available to protect that equity under applicable law.
Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections. Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period.
But the short answer to your question is yes, a Trustee in bankruptcy (usually in a Chapter 7 case) can sell a co-owner's interest in property if there is sufficient non-exempt equity in the debtor's share of the property. The co-owners would be paid their share of the proceeds, and have an opportunity to oppose the sale on limited bases (such as that it isn't being sold for the highest value).
Mark Markus has been practicing exclusively bankruptcy law in California since 1991. He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization, AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.
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