Legal Opinion

Hinton v. Hinton (In Re Hinton)

United States Bankruptcy Court, M.D. Florida

Decided October 1, 2007No. Bankruptcy No. 6:07-bk-880-KSJ, Adversary No. 6:07-ap-00039-KSJPublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION PARTIALLY GRANTING AND PARTIALLY DENYING DEFENDANTS’ PARTIAL MOTION FOR SUMMARY JUDGMENT

KAREN S. JENNEMANN, Bankruptcy Judge.

The defendants, James and Susan Hinton, seek a summary judgment (Doc. No. 35) (the “Motion”) that their interests in their home and large federal tax refunds, owned by them as tenants by the entire-ties, are not subject to curtailment as fraudulent transfers under Section 522(o) of the Bankruptcy Code 1 or to administration pursuant to Section 56.29 of the Florida Statutes. The plaintiffs, the Chapter 7 trustee, and a creditor, King Acquisitions, LLC,…

2Cases cited30 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Butner v. United StatesSupreme Court of the United States · 1979
  4. Stanley Haves, Marjorie Haves, His Wife v. City of Miami, a Municipal Corporation Organized Under the Laws of the State of FloridaCourt of Appeals for the Eleventh Circuit · 1995
  5. Dibrell Brothers International S.A., Plaintiff-Counter-Defendant-Appellant v. Banca Nazionale Del Lavoro, Defendant-Counter-Claimant-AppelleeCourt of Appeals for the Eleventh Circuit · 1994

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3Cited by19 opinions

  1. In Re GarbettUnited States Bankruptcy Court, E.D. Tennessee · 2009
  2. In Re FreemanUnited States Bankruptcy Court, M.D. Florida · 2008
  3. In Re MorineUnited States Bankruptcy Court, M.D. Florida · 2008
  4. In Re DavisUnited States Bankruptcy Court, M.D. Florida · 2009
  5. In re NewcombUnited States Bankruptcy Court, M.D. Florida · 2012

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