Legal Opinion
In re Rodriguez
United States Bankruptcy Court, E.D. Virginia
Decided September 18, 2008No. 08-13421-RGMPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM OPINION
ROBERT G. MAYER, Bankruptcy Judge.
THIS CASE is before the court on the chapter 7 trustee’s objection to the debtors’ claim of exemption. The debtors claimed two motor vehicles exempt as tenants by the entirety property. The trustee objected, asserting that motor vehicles cannot be held as tenants by the entirety. The objection is well taken. The claim of exemptions will be disallowed.
Section 522 of the Bankruptcy Code permits debtors to exempt an interest in property held as tenants by the entirety to the extent it is “exempt from process under applicable nonbankruptcy law.”…
2Cases cited12 opinions
- Vasilion v. VasilionSupreme Court of Virginia · 1951
- Reid v. RichardsonCourt of Appeals for the Fourth Circuit · 1962
- Virginia National Bank v. HarrisSupreme Court of Virginia · 1979
- In Re Linda B. WILLIAMS, Debtor. Linda B. WILLIAMS, Plaintiff-Appellant, v. Gordon P. PEYTON, Trustee, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1997
- Rogers v. RogersSupreme Court of Virginia · 1999
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3Cited by1 opinion
- In RE McKAINUnited States Bankruptcy Court, E.D. Tennessee · 2011