Legal Opinion
In Re Kenneth E. Brannon, Kathy Fick Sippola, in 05-4600. In Re Thomas Michael Lewis, Debtors. Thomas Michael Lewis Sherry Michelle Lewis, in 05-5060
Court of Appeals for the Third Circuit
Decided February 7, 2007No. 05-4600, 05-5060PublishedCited by 42 opinions
1Opinion of the Court
OPINION
WEIS, Circuit Judge.
These two bankruptcy appeals ask us to determine the “aggregate interest,” for purposes of claiming a bankruptcy exemption, that one spouse holds in property owned as a tenant by the entirety under Pennsylvania law. In both cases, the District Court concluded that a spouse is enti tied to no more than 50% of the value of entireties property claims as an exemption. We conclude that the Bankruptcy Code neither compels nor allows such a severance of the undivided interest a spouse holds in the whole of entireties property, and accordingly we will reverse. 1
I
Brannon
Kenne…
2Cases cited19 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- United States v. CraftSupreme Court of the United States · 2002
- Madden v. Glosztonyi Savings & Trust Co.Supreme Court of Pennsylvania · 1938
- In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
14 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Majestic Star Casino, LLC v. Barden Development, Inc.Court of Appeals for the Third Circuit · 2013
- Clientron Corp. v. Devon It, Inc.Court of Appeals for the Third Circuit · 2018
- Finkel v. Polichuk (In re Polichuk)United States Bankruptcy Court, E.D. Pennsylvania · 2014
- In Re ConnorsCourt of Appeals for the Third Circuit · 2007
- In Re KrebsCourt of Appeals for the Third Circuit · 2008
37 more not listed; retrieve them via the Exa API.