Legal Opinion
Waldschmidt v. Shaw (In Re Shaw)
United States Bankruptcy Court, M.D. Tennessee
Decided June 18, 1980No. Bankruptcy No. 379-02109, 75-2190, Adv. Proc. No. 379-0038PublishedCited by 29 opinions
1Opinion of the Court
MEMORANDUM
RUSSELL H. HIPPE, Jr., Bankruptcy Judge.
In this adversary proceeding the trustee for the estate of one spouse seeks pursuant to 11 U.S.C. § 363(h) 1 to sell the couple’s residence, which the debtor and her husband owned as tenants by the entirety when she filed her petition for relief. 2 The debtor has claimed her interest in this property as exempt pursuant to 11 U.S.C. § 522(b)(2). 3
The effect of several of the pertinent provisions of the Bankruptcy Reform Act of 1978 on entireties property when only one spouse files for relief is the subject of a most able and well-researched…
2Cases cited9 opinions
- In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
- Phillips v. KrakowerCourt of Appeals for the Fourth Circuit · 1931
- Reid v. RichardsonCourt of Appeals for the Fourth Circuit · 1962
- Robinson v. Trousdale CountyTennessee Supreme Court · 1974
- Matter of JeffersUnited States Bankruptcy Court, N.D. Indiana · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
- Sumy v. SchlossbergCourt of Appeals for the Fourth Circuit · 1985
- In Re Edgar and Beulah H. Ballard, Debtors. Jeffrey Fairfield, Trustee v. United States of America, Commonwealth of VirginiaCourt of Appeals for the Fourth Circuit · 1995
- Michigan National Bank—Michiana v. Chrystler (In Re Trickett)United States Bankruptcy Court, W.D. Michigan · 1981
- In Re SivleyUnited States Bankruptcy Court, E.D. Tennessee · 1981
24 more not listed; retrieve them via the Exa API.