Hoerner v. Elkins (In Re Elkins)

OPINION

LAURENCE E. HOWARD and JO ANN C. STEVENSON, Bankruptcy Judges.

CONVERSION OF NON-EXEMPT PROPERTY INTO TENANCY BY ENTIRETIES

The debtors in these cases present the court with the sole question of whether a Michigan debtor who, on the eve of bankruptcy, converts non-exempt property into property held by the entireties may exempt that entireties property from the bankruptcy estate when the Debtor elects the State of Michigan exemptions pursuant to 11 U.S.C. § 522(b)(2).

Defendants Russell Elkins, Jr., (“El-kins”) and Robert Suttorp (“Suttorp”) owned a parcel of commercial real estate as…