Legal Opinion
In Re Cerreta
United States Bankruptcy Court, D. Vermont
Decided June 15, 1990No. 19-10185PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM OF DECISION ON § 363(h) MOTION
FRANCIS G. CONRAD, Bankruptcy Judge.
Trustee objects to Debtor’s claim 1 that real property Debtor owns jointly as tenants by the entirety with a non-debtor spouse is exempt from the sale provisions of 11 U.S.C. § 363(h). Under the facts of this contested matter, we overrule Trustee’s objection. We hold that based on Vermont case and statutory law a spouse’s interest in an estate by the entireties is immune from execution by a sole creditor of that spouse, and thus, it is exempt from the bankruptcy estate by virtue of 11 U.S.C. § 541.
No matter that has…
2Cases cited13 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
- Galvan v. Galvan (In Re Galvan)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1990
- In Re Bernard Persky and Stuart Persky, Debtors. Community National Bank and Trust Company of New York v. Stuart Persky and Ronnie PerskyCourt of Appeals for the Second Circuit · 1989
- In Re PauquetteUnited States Bankruptcy Court, D. Vermont · 1984
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Edmonston v. MurphyCourt of Appeals for the First Circuit · 1997
- McNeilly v. Geremia (In Re McNeilly)Bankruptcy Appellate Panel of the First Circuit · 2000
- In Re Alan Wayne RaynardUnited States Bankruptcy Court, W.D. Michigan · 2005
- In Re GinnUnited States Bankruptcy Court, D. Maryland · 1995
- In Re HutchinsUnited States Bankruptcy Court, D. Vermont · 2004
4 more not listed; retrieve them via the Exa API.