In re Aulicino

Ruling: 
Tenancy by the entireties interest in property prevented trustee from claiming interest.
Procedural posture: 
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and movant, the debtor's former spouse, filed a motion for relief from the automatic stay that was imposed when the debtor declared bankruptcy. The chapter 7 trustee opposed the motion, claiming that he had an interest under 11 U.S.C.S. § 544(a)(3) in a house the debtor and her former spouse owned as tenants by the entireties that trumped the former spouse's interest.
Issue: 
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Consumer case opionion summary, case decided on December 02,2008, LexisNexis #0309-121