- 11 U.S.C.
Mirian, In re
Nov
08
2023
Ruling
Debtor was not entitled to claim an exemption in survivorship interest in a non-residencecondominium as a debtor's right to shield an interest in such property from process did notexist under state law. (Bankr. E.D.N.Y.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Ingole, In re
Mar
31
2023
Ruling
Exemption in a checking account disallowed as husband's release of interest terminated a tenancy by the entireties that could not be restored when he added his name back to the account. (Bankr. M.D. Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Interests Held as Tenant by the Entirety or Joint Tenant.
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Court
:
- 11 U.S.C.
Egizii, In re
Aug
09
2021
Ruling
Debtor's claim of exemption in a residential condominium was allowed as he held title withhis wife as tenants by the entirety, and controlling state law protected the property fromclaims by the creditors of only one of the spouses. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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:
- 11 U.S.C.
Wheatley, In re
Jul
29
2021
Ruling
Debtor who lived in Illinois but also owned a condominium in Michigan with his wife couldclaim an exemption in the Michigan property as the phrase "applicable nonbankruptcy law" in§ 522(b)(3)(B) is not limited to the law of debtor's domicile state. (Bankr. N.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Whitten, In re
Mar
01
2021
Ruling
Language “with rights of survivorship” in deed did not automatically defeat debtor's claim ofexemption as a right of survivorship was an element of a tenancy by the entirety. (Bankr. M.D.Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Skelton, In re
Dec
16
2020
Ruling
Debtor's motion to avoid judgment lien conditionally granted because creditor's lien didimpair a homestead exemption to which the debtor was entitled. (Bankr. N.D. Miss.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Givans, In re
Sep
30
2020
Ruling
Entireties property transferred to a trust could not be exempted from claims of creditors.(Bankr. M.D. Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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:
- 11 U.S.C.
DiStefano, In re
Sep
30
2019
Ruling
Bad faith is not grounds for denial of an exemption in debtor’s property. (Bankr. N.D.N.Y.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Collins, In re
Mar
27
2019
Ruling
Trustee failed to overcome state's presumption that trailer was owned in tenancy by theentirety as debtor and his wife had identical and complete interest in the trailer. (Bankr. M.D.Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
:
- 11 U.S.C.
Kauker, In re
Jan
25
2019
Ruling
Objection to debtors' exemption of real property was overruled as the property had been heldby debtors as tenants by the entireties before they transferred it to a trust more than a decadeprior to the filing of their bankruptcy petition. (Bankr. D. Del.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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Court
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