Legal Opinion
In Re Basch
United States Bankruptcy Court, W.D. Michigan
Decided April 12, 2006No. 19-02907PublishedCited by 3 opinions
1Opinion of the Court
OPINION REGARDING THE RECENTLY ADOPTED MICHIGAN TENANCY BY THE ENTIRETY STATUTES
JAMES D. GREGG, Bankruptcy Judge.
I. ISSUE
Recently, the State of Michigan codified the exempt status of property held as a tenancy by the entirety. Mich. Comp. Laws § 600.5451(l)(o). A reported decision by another bankruptcy judge in this district has declared this new statutory entireties exemption unconstitutional. The issue to be addressed is very narrow. Need this court decide now whether the Michigan statute is unconstitutional?
II. FACTS AND PROCEDURAL BACKGROUND
On August 8, 2005, Gary D. Basch, “Debtor,”…
2Cases cited38 opinions
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Connecticut National Bank v. GermainSupreme Court of the United States · 1992
- Hagans v. LavineSupreme Court of the United States · 1974
- Gulf Oil Co. v. BernardSupreme Court of the United States · 1981
- Elk Grove Unified School District v. NewdowSupreme Court of the United States · 2004
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3Cited by3 opinions
- In Re PontiusUnited States Bankruptcy Court, W.D. Michigan · 2009
- Shapiro v. SassakDistrict Court, E.D. Michigan · 2010
- In re: Sharon Kay PontiusUnited States Bankruptcy Court, W.D. Michigan · 2009