Legal Opinion
In re Ascuntar
United States Bankruptcy Court, S.D. Florida.
Decided January 2, 2013No. 12-13965-RAMPublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE’S OBJECTION TO EXEMPTIONS
ROBERT A. MARK, Bankruptcy Judge.
The issue presented in the Trustee’s Amended Objection to Exemptions (the “Objection”) [DE#32] is simply stated: May an individual debtor claim that his interest in a joint tax refund received post-petition is held as a tenant by the entirety with his spouse and is therefore exempt? Courts have split on this issue. After a thorough review of the published decisions, this Court says no. Unless the refund is received prepetition and deposited into a tenancy by the entireties (“TBE”)…
2Cases cited18 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. CraftSupreme Court of the United States · 2002
- Beal Bank, SSB v. Almand and AssociatesSupreme Court of Florida · 2001
- Ruth Gordon v. United StatesCourt of Appeals for the Eleventh Circuit · 1985
- In the Matter of Gary Gene Wetteroff, Bankrupt. Gary Gene Wetteroff, and Joan M. Wetteroff v. Sheldon D. Grand, TrusteeCourt of Appeals for the Eighth Circuit · 1972
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3Cited by4 opinions
- JAMES J. GIBSON & DR. LORI G. GIBSON v. WACHOVIA BANKDistrict Court of Appeal of Florida · 2018
- Gregory Todd GivansUnited States Bankruptcy Court, M.D. Florida · 2021
- Gregory Todd GivansUnited States Bankruptcy Court, M.D. Florida · 2021
- In re SteffenUnited States Bankruptcy Court, M.D. Florida · 2018