- 11 U.S.C.
Springel v. Prosser (In re Prosser)
Feb
14
2013
Ruling
Exemptions claimed in two out of three properties disallowed on remand.
Procedural posture
Debtor declared chapter 7 bankruptcy and claimed that real property he owned in the U.S. Virgin Islands and in Florida was exempt from creditors' claims. Although the bankruptcy court disallowed the debtors' exemptions, the U.S. District Court for the United States Virgin Islands, Division of St. Thomas and St. John, reversed the bankruptcy court's ruling as to three tracts of land the debtor owned in the Virgin Islands, and remanded the case.
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Court
:
- 11 U.S.C.
In re Scioli
Jan
28
2013
Ruling
Trustee's objection to claimed exemption of three vehicles sustained as not held by debtor and non-debtor spouse as tenants by the entirety.
Procedural posture
A chapter 7 trustee filed an objection pursuant to Fed. R. Bankr. P. 4003(b) to a debtor's claim of exemption of three vehicles under 11 U.S.C.S. § 522(b)(3)(B) on the grounds that the vehicles were not held by the debtor and his non-debtor wife as tenants by the entirety.
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Court
:
- 11 U.S.C.
In re Shahegh
Jan
28
2013
Ruling
Objection to exemption of vehicle that was not entireties property sustained.
Procedural posture
Chapter 7 trustee objected to the debtor's claimed exemption of a vehicle pursuant to 11 U.S.C.S. § 522(b)(3)(B).
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Court
:
- 11 U.S.C.
In re Stephenson
Oct
04
2012
Ruling
Debtor's interest in non-entireties joint accounts were not exempt.
Procedural posture
This matter came before the court on a creditor's objection to debtor's claim of exemptions. An evidentiary hearing was held.
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Court
:
- 11 U.S.C.
In re Helm
May
09
2012
Ruling
Objection to 50 percent exemption claimed by debtor in properties owned by entireties with non-debtor spouse sustained.
Procedural posture
Chapter 7 debtor and creditors filed objections to exemptions claimed by the debtor under 11 U.S.C.S. § 522(b)(3)(B). The trustee filed a motion for turnover of property held by the debtor and non-debtor spouse.
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Court
:
- 11 U.S.C.
In re Chreky
Jul
25
2011
Ruling
Exemption in interest in LLC held by the entireties and created before creditors' claims arose allowed.
Procedural posture
Two judgment creditors, former employees of chapter 11 debtor's business, presented objections to the exemptions claimed by the debtor of his interests in a money market account, CDs, and CDARS accounts, and an interest in a limited liability company (LLC), as exempt under 11 U.S.C.S. § 522(b)(3)(B), on the basis that the accounts and LLC were held as tenancies by the entireties.
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Court
:
- 11 U.S.C.
In re Bradby
Apr
11
2011
Ruling
Subsequent death of debtor's co-owner of property by the entireties did not change ownership status as of petition date or affect exemption.
Procedural posture
Chapter 13 trustee objected to an exemption claimed by the debtor.
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:
- 11 U.S.C.
In re Antoine
Apr
30
2010
Ruling
Debtor could not exempt interest in jointly owned mobile home.
Procedural posture
The debtor claimed an exemption in a mobile home pursuant to 11 U.S.C.S. § 522(b)(3)(B), the trustee filed an objection to the exemption.
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Court
:
- 11 U.S.C.
In re Bellingroehr
Mar
18
2009
Ruling
Debtor could claim exemption in entireties property transferred to trust.
Procedural posture
A debtor filed for relief under chapter 7. Chapter 7 trustee objected to the debtor's claimed exemptions in certain assets as tenancy by entireties, pursuant to 11 U.S.C.S. § 522(b)(3)(B).
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Court
:
- 11 U.S.C.
In re Rodriguez
Sep
18
2008
Ruling
Vehicles could not be exempted as tenants by the entirety property where state law did not allow for entireties ownership of vehicles.
Procedural posture
Debtors claimed two motor vehicles as exempt under 11 U.S.C.S. § 522(b)(3)(B), asserting that the vehicles were exempt as tenants by the entirety property. The chapter 7 trustee objected, contending that motor vehicles would not be held as tenants by the entirety.
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Court
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