Legal Opinion
In Re Monzon
United States Bankruptcy Court, S.D. Florida.
Decided October 21, 1997No. 18-23600PublishedCited by 14 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER GRANTING, IN PART, TRUSTEE’S RENEWED OBJECTIONS TO EXEMPTIONS
ROBERT A. MARK, Bankruptcy Judge.
In this Opinion, the Court addresses the following much debated and unresolved issues relating to the treatment in bankruptcy of property held by a debtor and his non-debtor spouse as tenants by the entirety:
1.Wfliat type of joint debt must exist to bring entireties property into the estate?
2. How much of the entireties property comes in?
3. Does entireties property get liquidated solely to pay joint creditors or do all creditors share?
Although the amount at issue in this…
2Cases cited25 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Moore v. BaySupreme Court of the United States · 1931
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- Board of Trade of Chicago v. JohnsonSupreme Court of the United States · 1924
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Alan Wayne RaynardUnited States Bankruptcy Court, W.D. Michigan · 2005
- In Re Phoenix Petroleum Co.United States Bankruptcy Court, E.D. Pennsylvania · 2001
- In Re HendricksUnited States Bankruptcy Court, M.D. Florida · 1999
- In Re McRaeDistrict Court, N.D. Florida · 2003
- In Re DroumtsekasUnited States Bankruptcy Court, M.D. Florida · 2000
9 more not listed; retrieve them via the Exa API.