Legal Opinion
In Re Sivley
United States Bankruptcy Court, E.D. Tennessee
Decided October 28, 1981No. Bankruptcy 1-80-01118PublishedCited by 26 opinions
1Opinion of the Court
MEMORANDUM
RALPH H. KELLEY, Bankruptcy Judge.
The question in this proceeding is whether the debtor, Mrs. Sivley, is entitled to a homestead exemption in a house and lot or its proceeds. When she filed her bankruptcy petition and claimed the exemption, Mrs. Sivley and her husband owned the property as tenants by the entirety. He was living in the house, but she was not.
Shortly after bankruptcy Mrs. Sivley was granted a divorce, which made her and her ex-husband tenants in common in the property. A creditor and the bankruptcy trustee object to Mrs. Sivley’s homestead exemption.
The court finds…
2Cases cited30 opinions
- Myers v. MatleySupreme Court of the United States · 1943
- Prater v. PraterTennessee Supreme Court · 1888
- Waldschmidt v. Shaw (In Re Shaw)United States Bankruptcy Court, M.D. Tennessee · 1980
- White v. FulghumTennessee Supreme Court · 1889
- Carey v. CareyTennessee Supreme Court · 1931
25 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Leppaluoto v. Combs (In Re Combs)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
- In Re Beverly B. Cordova, Debtor. Beverly B. Cordova v. Robert G. Mayer, TrusteeCourt of Appeals for the Fourth Circuit · 1996
- Armstrong v. Peterson (In re Peterson)Court of Appeals for the Eighth Circuit · 1990
- In Re SumerellUnited States Bankruptcy Court, E.D. Tennessee · 1996
- Watson v. Kincaid (In Re Kincaid)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1989
21 more not listed; retrieve them via the Exa API.