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Ross v. Department of Business and Econ. Dev. (In re Ross)

Ross v. Department of Business and Econ. Dev. (In re Ross)

Ruling
Transfer of debtor's interest in tenancy by the entireties property could be avoided.
Procedural posture

Plaintiff debtor filed an adversary complaint as a debtor-in-possession per 11 U.S.C.S. § 1101, exercising the powers of a trustee per 11 U.S.C.S. § 1107(a), seeking an order setting aside a deed of trust held by defendant state agency against property owned by him and his wife as tenants-by-the-entirety (TBET). At issue was whether he was entitled to such relief based on 11 U.S.C.S. § 544 and 11 U.S.C.S. § 547.

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Consumer opinion summary, case decided on July 23, 2012 , LexisNexis #0812-054