Legal Opinion
In Re Bernard Persky and Stuart Persky, Debtors. Community National Bank and Trust Company of New York v. Stuart Persky and Ronnie Persky
Court of Appeals for the Second Circuit
Decided December 22, 1989No. 45, Docket 89-5011PublishedCited by 57 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
It had been a settled expectation that when a husband or wife filed for bankruptcy the marital home they owned as tenants by the entirety would not be sold in the administration of the estate. This calm confidence vanished with the enactment of the Bankruptcy Reform Act of 1978, P.L. 95-598,11 U.S.C. §§ 101 et seq., (Bankruptcy Code or Code). With consumer credit a major industry, and a way of life for most Americans resulting in increased bankruptcy filings, Congress aimed to increase relief for consumer debtors. At the same time, it sought to enhance the returns to…
2Cases cited17 opinions
- United States v. RodgersSupreme Court of the United States · 1983
- Guardian Loan Co. v. EarlyNew York Court of Appeals · 1979
- Hiles v. . FisherNew York Court of Appeals · 1895
- 15 Collier bankr.cas.2d 563, Bankr. L. Rep. P 71,437 in Re McKeesport Steel Castings Company. In Re McKeesport Steel Castings Company, Debtor. Equitable Gas Co. v. Equibank N.A., Condec Corporation. Appeal of Equitable Gas Company, a Division of Equitable Resources, Inc., MovantCourt of Appeals for the Third Circuit · 1986
- In Re MorrisonUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
12 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- In Re Rosemary BROWN, Debtor. FIRST JERSEY NATIONAL BANK v. Rosemary BROWN, AppellantCourt of Appeals for the First Circuit · 1991
- Devan v. Simon DeBartolo Group, L.P.Court of Appeals for the Fourth Circuit · 1999
- In Re Franklin J. Garner, Jr., Debtor. Frank Garner, Margie Garner v. Bruce Strauss, TrusteeCourt of Appeals for the Eighth Circuit · 1991
- Wilk Auslander LLP v. Murray (In Re Murray)Court of Appeals for the Second Circuit · 2018
- Community National Bank & Trust Co. of New York v. Persky (In Re Persky)United States Bankruptcy Court, E.D. New York · 1991
52 more not listed; retrieve them via the Exa API.