Legal Opinion
In Re Spears
District Court, W.D. Michigan
Decided April 26, 2004No. HT 03-00738, HT 03-01234, HT 03-01306, HT 03-03959PublishedCited by 6 opinions
1Opinion of the Court
OPINION RE: TRUSTEE’S OBJECTION TO DEBTORS’ CLAIMED EXEMPTIONS IN ENTIRETIES PROPERTY
JEFFREY R. HUGHES, Bankruptcy Judge.
The trustee in these Chapter 7 proceedings has objected to the claimed exemptions of property owned by the debtors pre-petition as tenants by the entirety with their non-filing spouses.- Trustee’s objection is sustained in part and denied in part. I conclude that the commencement of these bankruptcy proceedings severed the entireties estates. Consequently, each bankruptcy estate holds an undivided half interest in the subject property as a tenant in common with the…
2Cases cited48 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Richards v. United StatesSupreme Court of the United States · 1962
- BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
- Cohen v. De La CruzSupreme Court of the United States · 1998
43 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In Re Alan Wayne RaynardUnited States Bankruptcy Court, W.D. Michigan · 2005
- In re DemeterUnited States Bankruptcy Court, E.D. Michigan · 2012
- In Re EichhornUnited States Bankruptcy Court, S.D. Illinois · 2006
- Olson v. AndersonUnited States Bankruptcy Court, W.D. Michigan · 2006
- In Re RaynardUnited States Bankruptcy Court, W.D. Michigan · 2005
1 more not listed; retrieve them via the Exa API.