Legal Opinion

In Re Pyatte

United States Bankruptcy Court, M.D. Florida

Decided November 18, 2010No. 9:10-bk-5822-ALP, 9:10-bk-6434-ALP, 9:09-bk-16194-ALP, 9:10-bk-17971-ALPPublished

1Opinion of the Court

MEMORANDUM OPINION AND ORDER ON TRUSTEE’S OBJECTIONS TO DEBTORS’ CLAIMS OF EXEMPTION

DAVID H. ADAMS, Bankruptcy Judge.

THIS CASE came before the Court to consider the Objection of the Chapter 7 Trustee, Robert E. Tardif, Jr., to the Debtors’ Claims of Exemption.

The Debtors own certain personal property as tenants by the entireties. The issue in this case is whether the Debtors’ interest in the entireties property must be allocated equally between them for purposes of claiming the personal property exemptions that are available under Florida law.

The Court concludes that the Debtors are not…

2Cases cited21 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Beal Bank, SSB v. Almand and AssociatesSupreme Court of Florida · 2001
  3. United States v. One Single Family Residence With Out Buildings Located at 15621 S.W. 209th AvenueCourt of Appeals for the Eleventh Circuit · 1990
  4. Bailey v. SmithSupreme Court of Florida · 1925
  5. Strauss v. StraussSupreme Court of Florida · 1941

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