Legal Opinion
In Re Flinn
United States Bankruptcy Court, N.D. New York
Decided November 23, 1988No. 19-10147PublishedCited by 5 opinions
1Opinion of the Court
MEMORANDUM-DECISION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
STEPHEN D. GERLING, Bankruptcy Judge.
The Court is called upon to decide whether, when a husband and wife join in a Chapter 7 petition under Title 11, either spouse alone may claim as exempt the entire equity interest in the couple’s homestead owned by them as tenants by the entirety.
FACTS
On June 9, 1988, Patrick Dennis and Debra Catherine Flinn (“Debtors”) filed a joint petition under Chapter 7 of the Bankruptcy Code, 11 U.S.C.A. §§ 101-1330 (West 1979 & Supp.1988) (“Code”), pursuant to Code § 302. Their petition recited…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
- Bankr. L. Rep. P 71,833 in the Matter of Steven W. Agnew, Debtor-Appellee. Lee Supply Corporation v. Steven W. AgnewCourt of Appeals for the Seventh Circuit · 1987
- John T. Mather Memorial Hospital of Port Jefferson, Inc. v. Frederick A. Pearl and Josephine PearlCourt of Appeals for the Second Circuit · 1983
- Secrist v. SecristAppellate Division of the Supreme Court of the State of New York · 1954
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3Cited by5 opinions
- In Re RerisiUnited States Bankruptcy Court, E.D. New York · 1994
- In Re McNeillUnited States Bankruptcy Court, E.D. New York · 1996
- In re BradiganUnited States Bankruptcy Court, W.D. New York · 2013
- Community Bank, National Assoc. v. Lyons (In Re Lyons)United States Bankruptcy Court, N.D. New York · 1994
- In Re NyeUnited States Bankruptcy Court, W.D. New York · 2000