Legal Opinion

Gary T. Napotnik v. Equibank and Parkvale Savings Association

Court of Appeals for the Third Circuit

Decided June 1, 1982No. 81-2869PublishedCited by 133 opinions

1Opinion of the Court

OPINION OF THE COURT

GIBBONS, Circuit Judge.

The provisions for granting debtors exemptions under the Bankruptcy Reform Act of 1978, 11 U.S.C. § 101 et seq. (the Code), create potentially complex interrelationships between federal and state law. In this case, we must determine the application of a Code exemption provision to property held in tenancy by the entirety in light of the common law of Pennsylvania. Despite a plausible argument by Gary T. Na-potnik (the debtor) seeking to avoid certain judicial liens on allegedly exempt property, we conclude that the language of the Code compels an…

2Cases cited27 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
  3. In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
  4. Beihl v. MartinSupreme Court of Pennsylvania · 1912
  5. Shapiro v. ShapiroSupreme Court of Pennsylvania · 1966

22 more not listed; retrieve them via the Exa API.

3Cited by133 opinions

  1. Goff v. TaylorCourt of Appeals for the Fifth Circuit · 1983
  2. Sumy v. SchlossbergCourt of Appeals for the Fourth Circuit · 1985
  3. In Re Cynthia WARD, Debtor-Appellee. Appeal of BOWEST CORPORATIONCourt of Appeals for the Third Circuit · 1988
  4. In Re JablonskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
  5. 12 Collier bankr.cas.2d 525, Bankr. L. Rep. P 70,332 in the Matter of Terry Grosslight D/B/A Kay Bee Construction Company. Liberty State Bank and Trust, a Michigan Banking Corporation v. Terry Grosslight and Sandra GrosslightCourt of Appeals for the Sixth Circuit · 1985

128 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API