Legal Opinion

Sumy v. Schlossberg

Court of Appeals for the Fourth Circuit

Decided November 21, 1985No. 85-1231PublishedCited by 95 opinions

1Opinion of the Court

HARRISON L. WINTER, Chief Judge:

The main issue presented by this appeal is whether entireties property may be exempted under § 522(b)(2)(B) of the Bankruptcy Code1 when an individual debtor schedules debts owed jointly with his or. her spouse. We hold that in Maryland such property is not exempt to the extent of joint claims.

I

The debtor, Michael Eugene Sumy, filed a voluntary individual petition under Chapter 7 of the Bankruptcy Code on March 14, 1984. His amended schedules listed $19,-570.50 in unsecured claims, which included $1,474.78 in debts incurred jointly with his nonfiling wife. He…

2Cases cited73 opinions

  1. Lockwood v. Exchange BankSupreme Court of the United States · 1903
  2. In Re Sambo's Restaurants, Inc., a California Corporation, Debtor. Sambo's Restaurants, Inc., a California Corporation v. Peggy WheelerCourt of Appeals for the Ninth Circuit · 1985
  3. In re Saco Local Development Corp.Court of Appeals for the First Circuit · 1983
  4. In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
  5. Harold J. Hawkins and Eugenia B. Hawkins v. Landmark Finance Company, in Re Harold J. Hawkins and Eugenia B. Hawkins, DebtorsCourt of Appeals for the Fourth Circuit · 1984

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3Cited by95 opinions

  1. In Re Carl Cottrell and Paula Cottrell, Debtors. Carl Cottrell and Paula Cottrell v. J. Baxter Schilling, TrusteeCourt of Appeals for the Sixth Circuit · 1989
  2. In Re Joseph A. Vause and Virgie L. Vause, Debtors. Joseph A. Vause and Virgie L. Vause v. Capital Poly Bag, Inc.Court of Appeals for the Sixth Circuit · 1989
  3. In Re Glen H. Huebner, Debtor. Glen H. Huebner v. Farmers State Bank, Grafton, IowaCourt of Appeals for the Eighth Circuit · 1993
  4. In the Matter of Walter N. HUNTER, Debtor-Appellee. Appeal of SHIPSHEWANA STATE BANKCourt of Appeals for the Seventh Circuit · 1992
  5. In the Matter of William Douglas Paeplow, Debtor-Appellee. Appeal of Edmond W. Foley, R. Kent Rowe, R. Kent Rowe, IIICourt of Appeals for the Seventh Circuit · 1992

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