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Legal Opinion

In Re Elsea

United States Bankruptcy Court, E.D. Tennessee

Decided February 26, 1985No. Bankruptcy 1-84-00051PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM

RALPH H. KELLEY, Bankruptcy Judge.

The trustee in bankruptcy has objected to the debtor’s claim of a homestead exemption in property owned by the debtor and his wife as tenants by the entirety. The trustee also contends that pension funds held by the debtor’s employer are part of the bankruptcy estate, and are not exemptable under Tennessee law.

I

As to the homestead exemption, the trustee seeks guidance on one question. If he is allowed to sell the debtor’s right of survivorship in the property, is the debtor entitled to recover the dollar amount of the homestead exemption from the…

2Cases cited19 opinions

  1. In Re Charles W. Graham, Debtor. Edward F. Samore, Trustee v. Charles W. Graham, Trustee of the Charles W. Graham, M.D. Ltd. Profit Sharing Plan TrustCourt of Appeals for the Eighth Circuit · 1984
  2. General Motors Corporation v. David J. Buha and James B. Stone, County District JudgeCourt of Appeals for the Sixth Circuit · 1980
  3. Jourolmon v. MassengillTennessee Supreme Court · 1887
  4. Davis v. MitchellCourt of Appeals of Tennessee · 1943
  5. Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt)District Court, D. Kansas · 1982

14 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. In Re ArwoodUnited States Bankruptcy Court, E.D. Tennessee · 2003
  2. In Re KerrUnited States Bankruptcy Court, D. Utah · 1986
  3. In Re FaulknerUnited States Bankruptcy Court, E.D. Tennessee · 1987
  4. In Re RileyUnited States Bankruptcy Court, E.D. Virginia · 1988
  5. In Re IdalskiUnited States Bankruptcy Court, E.D. Michigan · 1991

7 more not listed; retrieve them via the Exa API.

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