Legal Opinion
In Re Eichhorn
United States Bankruptcy Court, S.D. Illinois
Decided February 28, 2006No. 19-30255PublishedCited by 7 opinions
1Opinion of the Court
OPINION
KENNETH J. MEYERS, Bankruptcy Judge.
This case presents the issue of whether the debtors, who filed a joint petition seeking relief under chapter 7 of the Bankruptcy Code, may claim an exemption in real estate held in tenancy by the entirety. The trustee opposes the exemption of the entireties property, arguing that, in the situation of a joint bankruptcy filing, her avoidance powers under 11 U.S.C. § 544 place her in the shoes of a creditor holding jointly incurred debt, against whom the entireties exemption may not be asserted. In addition, she argues that the tenancy by the entirety…
2Cases cited15 opinions
- Premier Property Management, Inc. v. ChavezIllinois Supreme Court · 2000
- 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
- First National Bank of Mobile v. Alton A. NorrisCourt of Appeals for the First Circuit · 1983
- In Re AllardUnited States Bankruptcy Court, N.D. Illinois · 1996
- Edmonston v. MurphyCourt of Appeals for the First Circuit · 1997
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3Cited by7 opinions
- In Re Kenneth E. Brannon, Kathy Fick Sippola, in 05-4600. In Re Thomas Michael Lewis, Debtors. Thomas Michael Lewis Sherry Michelle Lewis, in 05-5060Court of Appeals for the Third Circuit · 2007
- Rupp v. Duffin (In Re Duffin)Bankruptcy Appellate Panel of the Tenth Circuit · 2011
- In Re GiffuneUnited States Bankruptcy Court, N.D. Illinois · 2006
- In Re DuffinUnited States Bankruptcy Court, D. Utah · 2010
- Hernandez v. Marque Medicos Fullerton, LLCDistrict Court, N.D. Illinois · 2018
2 more not listed; retrieve them via the Exa API.