In Re Edgar and Beulah H. Ballard, Debtors. Jeffrey Fairfield, Trustee v. United States of America, Commonwealth of Virginia
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Affirmed by published opinion. Judge WILLIAMS wrote the majority opinion, in which Senior Judge PHILLIPS joined. Judge HALL wrote a dissenting opinion.
OPINION
WILLIAMS, Circuit Judge:
In this appeal, we confront an admittedly arcane but interesting question of first impression in this circuit concerning the interaction between federal bankruptcy law and Virginia property law. More specifically, we consider the effect of the termination of the marital estate and resulting devolution of tenancy by the entireties property upon the death of a spouse following the commencement of the couple’s joint…
2Cases cited15 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
- Vasilion v. VasilionSupreme Court of Virginia · 1951
- Sumy v. SchlossbergCourt of Appeals for the Fourth Circuit · 1985
- Lang v. CommissionerSupreme Court of the United States · 1933
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3Cited by36 opinions
- Mercantile Peninsula Bank v. FrenchCourt of Appeals for the Fourth Circuit · 2007
- Mercantile Peninsula Bank v. French (In Re French)Court of Appeals for the Fourth Circuit · 2007
- American Bankers Insurance Company of Florida, and United States Fidelity & Guaranty Company v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company, and American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B., United States Fidelity & Guaranty Company American Bankers Insurance Company of Florida v. Jack D. Maness, Trustee for the Bankruptcy Estate of Joseph L. Houska and Judy C. Houska, and Joseph L. Houska Judy C. Houska Cenit Bank, F.S.B.Court of Appeals for the Fourth Circuit · 1996
- Harry G. Hager v. Ruth A. Gibson, Trustee for Preference, Ltd.Court of Appeals for the Fourth Circuit · 1997
- In Re Beverly B. Cordova, Debtor. Beverly B. Cordova v. Robert G. Mayer, TrusteeCourt of Appeals for the Fourth Circuit · 1996
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