Legal Opinion
In re Naples
United States Bankruptcy Court, W.D. New York
Decided December 16, 2014No. 14-10264 KPublishedCited by 2 opinions
1Opinion of the Court
OPINION AND ORDER
MICHAEL J. KAPLAN, Bankruptcy Judge.
Before the Court is an objection to a Motion, under 11 U.S.C. § 522(f), seeking to set aside a judgment lien on the Debt- or’s undivided entireties interest in his marital home. I write on it only to express my agreement with, and to further support, my colleague’s analysis in the case of In re Bradigan, 501 B.R. 151 (Bankr.W.D.N.Y.2013) (Bucki, C.J.). In Bradigan, a Chapter 7 trustee argued that the federal homestead exemption (it was then in the amount of $21,625) was insufficient to protect that debtor’s undivided entireties interest in…
2Cases cited5 opinions
- V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
- In Re LevinsonUnited States Bankruptcy Court, E.D. New York · 2007
- Levinson v. R & E PROPERTY CORP.District Court, E.D. New York · 2008
- In Re HeaneyUnited States Bankruptcy Court, E.D. New York · 2011
- In re BradiganUnited States Bankruptcy Court, W.D. New York · 2013
3Cited by2 opinions
- Rodgers, Powers & Schwartz, LLP v. MinkinaCourt of Appeals for the First Circuit · 2023
- In re: Rebekah Kay Proctor v. Trudy M. Edwards, Trustee; Rebekah Kay Proctor and Corey ProctorUnited States Bankruptcy Court, E.D. Tennessee · 2026