Legal Opinion
In re Bradigan
United States Bankruptcy Court, W.D. New York
Decided October 29, 2013No. 12-13821 BPublishedCited by 4 opinions
1Opinion of the Court
DECISION & ORDER
CARL L. BUCKI, Chief Judge.
When spouses own property by the en-tireties, they each hold an undivided interest in the whole. If only one spouse then files a petition for bankruptcy relief, his or her separate interest becomes property of the bankruptcy estate. The issue in this Chapter 7 ease is how to value that interest for purposes of estate administration and in determining the reach of the debt- or’s claim to a homestead exemption.
Jerome W. Bradigan filed a petition for relief under Chapter 7 of the Bankruptcy Code on December 26, 2012. In schedules filed with his…
2Cases cited11 opinions
- Stelz v. . ShreckNew York Court of Appeals · 1891
- V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
- In Re the Transfer Tax Upon the Estate of KlatzlNew York Court of Appeals · 1915
- Vanderheyden v. CrandallNew York Supreme Court · 1846
- Reister v. Town Board of FlemingNew York Court of Appeals · 1966
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3Cited by4 opinions
- Kim v. Ji Sung YooDistrict Court, S.D. Illinois · 2018
- Rodgers, Powers & Schwartz, LLP v. MinkinaCourt of Appeals for the First Circuit · 2023
- In re NaplesUnited States Bankruptcy Court, W.D. New York · 2014
- Gregory Caglione v. Key Bank, National AssociationDistrict Court, S.D. New York · 2026