In Re Rerisi
United States Bankruptcy Court, E.D. New York
1Opinion of the Court
DECISION RE TRUSTEE’S RIGHTS TO SURVIVING DEBTOR’S INTEREST IN REAL PROPERTY OWNED AS TENANT BY THE ENTIRETY
DOROTHY EISENBERG, Bankruptcy Judge.
This matter comes before the Court pursuant to an objection by James Rerisi (the “Debtor”) to the Chapter 7 Trustee’s motion to sell certain properties owned by the Debt- or and his non-filing, now-deceased wife and to retain the net sales proceeds for the benefit of the Debtor’s estate. Based on the relevant sections of the Bankruptcy Code and the law of the State of New York regarding tenancies by the entirety, this Court concludes that the Trustee…
2Cases cited16 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- In Re Farmers Markets, Inc., Debtors. State of California, State Board of Equalization, and Employment Development Department v. Farmers Markets, Inc., in Re Dick and Carleen Brink, Debtors. State of California, State Board of Equalization, and Employment Development Department v. Sy v. BrownCourt of Appeals for the Ninth Circuit · 1986
- V.R.W., Inc. v. KleinNew York Court of Appeals · 1986
- In Re Franklin J. Garner, Jr., Debtor. Frank Garner, Margie Garner v. Bruce Strauss, TrusteeCourt of Appeals for the Eighth Circuit · 1991
- In the Matter of Ulyssus George Wade, Joyce Wade, and U.G. Wade Trucking, Inc., Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1993
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3Cited by10 opinions
- Gazes v. Roswick (In Re Roswick)United States Bankruptcy Court, S.D. New York · 1999
- In Re LevinsonUnited States Bankruptcy Court, E.D. New York · 2007
- Levinson v. R & E PROPERTY CORP.District Court, E.D. New York · 2008
- Hassett v. GoetzmannDistrict Court, N.D. New York · 1998
- In Re HeaneyUnited States Bankruptcy Court, E.D. New York · 2011
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