Barber v. K-B Bldg. Co. (In re Barber)

Mar

2006

Ruling

Court held that creditor could seek and acquire a lien on the exempted entireties property for any debt owed to creditor that arose on or after the filing date.

Procedural posture

Debtor filed a motion for an order prohibiting creditor from pursuing a lawsuit the creditor brought against the debtor and his wife that was pending in state court. The debtor asked that the creditor be held in contempt for violating the order discharging debtor and/or 11 U.S.C. § 522(c). The creditor held a judicial lien secured by certain real property.

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Court :

Western District of Pennsylvania ( Judge Markovitz ) [ Bankruptcy Court ]

opinion summary, case decided on March 17, 2006 , LexisNexis #0406-088

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11 U.S.C.

In re Wycuff

Aug

2005

Ruling

Debtors were only entitled to a homestead exemption as to the property's legal title in relation to the trustee's interest pursuant to the debtor husband's dower interest, but the debtors' homestead exemption was disallowed as to the property's equitable interest since the creditor's mortgage existed premarriage and thus was superior to the claimed exemption.

Procedural posture

Bankruptcy debtors, a husband and wife, claimed a homestead exemption in their residence to which the wife held sole legal title, including the husband's dower interest in the property. Creditors, the debtors'mortgagees, objected to the exemption.

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Court :

Northern District of Ohio ( Judge Speer ) [ Bankruptcy Court ]

opinion summary, case decided on August 23, 2005 , LexisNexis #0206-008

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