- 11 U.S.C.
Browne, In re
Dec
12
2018
Ruling
Trustee's objection sustained as debtor's interest immediately before the commencement ofthe case was not exempt from process by the IRS to the extent of a tax claim. (Bankr. D. Md.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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:
- 11 U.S.C.
Roos, In re
Sep
14
2018
Ruling
Debtor was entitled to claim an exemption in any amount under Tennessee Code Annotated section 26-2-301 in property that he owns jointly as tenants in common for life with remainder to the survivor in fee. (Bankr. E.D. Tenn.)
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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:
- 11 U.S.C.
In re Buckley
Dec
29
2016
Ruling
Claim of exemption of real property allowed as the exemption survived the death of debtor'snon-filing cotenant spouse. (Bankr. D. Md.)
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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:
- 11 U.S.C.
Loventhal v. Edelson
Dec
21
2016
Ruling
Allowance of an exemption for property held by the debtor and her spouse as tennants byentireties granted. (7th Cir.)
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
:
( Judge Posner ) [ Circuit Court ]
- 11 U.S.C.
In re Conrad
Jan
04
2016
Ruling
Debtor could not claim exemption in entireties property that was subject to a restitution judgment.
Issue(s)
Could debtor claim an exemption in entireties property that was subject to attachment to secure a restitution judgment?
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:
- 11 U.S.C.
In re Felton
Sep
02
2015
Ruling
Objection to exemption in debtor's entireties property overruled.
Issue(s)
Could debtor claim an exemption in entireties property owned with nondebtor spouse who had previously received a discharge?
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:
- 11 U.S.C.
In re Story
Aug
11
2015
Ruling
Non-debtor spouse's waiver did not affect spouse's exemption in entireties property.
Issue(s)
Whether non-debtor spouse's execution of a waiver precludes debtor's claim of exemption in entireties property?
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:
- 11 U.S.C.
In re Edelson
Jul
07
2015
Ruling
Debtor could claim exemption in property held in tenancy by the entirety.
Issue(s)
Whether the debtor's beneficial interest in her residence qualifies as a tenancy by the entirety, which would be subject to an exemption and unavailable to satisfy the claims of creditors holding claims only against the debtor?
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:
- 11 U.S.C.
In re Haines
Apr
14
2015
Ruling
Exemption allowed in brokerage account held by debtor and non-debtor spouse as tenants by the entirety.
Issue(s)
If a couple has the choice of checking the "tenants by the entirety" box on an account application, but fails to do so, is that failure sufficiently strong evidence to overcome the presumption when a bankruptcy trustee objects to the debtor's exemption of that account as entireties property?
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:
- 11 U.S.C.
In re Clifton
Jul
19
2013
Ruling
Trustee ordered to pay proceeds of sale of entireties property to creditor bank.
Procedural posture
Chapter 7 trustee filed a report of sale proceeds and a motion for final disbursement. The debtor, the IRS, and a bank objected.
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