Legal Opinion

In RE McKAIN

United States Bankruptcy Court, E.D. Tennessee

Decided July 22, 2011No. 10-52370PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

MARCIA PHILLIPS PARSONS, Bankruptcy Judge.

The chapter 7 trustee Douglas Payne objects to certain exemptions claimed by the debtor Carey McKain on the ground that the properties are not held by the Debtor and his wife as tenancies by the entirety and therefore are not exempt under 11 U.S.C. § 522(b)(3)(B). For the reasons discussed below, the Trustee’s objection will be sustained as to all properties but the Scott and Stringfellow stock account. This is a core proceeding. See 28 U.S.C. § 157(b)(2)(B).

I

The Debtor, a resident of Abingdon, Virginia, and his first wife Christine divorced…

2Cases cited46 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Vasilion v. VasilionSupreme Court of Virginia · 1951
  3. Jones v. ConwellSupreme Court of Virginia · 1984
  4. Virginia National Bank v. HarrisSupreme Court of Virginia · 1979
  5. Oliver v. GivensSupreme Court of Virginia · 1963

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3Cited by2 opinions

  1. In re MeckaUnited States Bankruptcy Court, D. New Jersey · 2016
  2. In re RoosUnited States Bankruptcy Court, E.D. Tennessee · 2018

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