Legal Opinion
In Re Thomas
United States Bankruptcy Court, S.D. New York
Decided February 3, 1983No. 19-35316PublishedCited by 13 opinions
1Opinion of the Court
HOWARD SCHWARTZBERG, Bankruptcy Judge.
The trustee in this Chapter 7 case objects to the homestead exemption claimed by the debtor in her bankruptcy petition on the ground that the property in question is not occupied by the debtor as a principal residence. The debtor concedes that she does not occupy the marital home, but argues that she was driven out of the home by her husband’s conduct, which, among other things, resulted in a non-judicial separation agreement that entitles her husband to “exclusive possession, use, and occupancy of the premises.” The debtor also contends that the…
2Cases cited8 opinions
- First Federal Savings & Loan Ass'n v. BrownAppellate Division of the Supreme Court of the State of New York · 1980
- Fordyce v. FordyceNew York Supreme Court · 1974
- In re the Estate of GalciaNew York Surrogate's Court · 1969
- Fontana v. FontanaAppellate Division of the Supreme Court of the State of New York · 1982
- Jackson v. JacksonNew York Supreme Court · 1948
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re EckolsUnited States Bankruptcy Court, D. New Hampshire · 1986
- In Re MillerUnited States Bankruptcy Court, N.D. New York · 1989
- In Re TomkoUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
- In Re MoulterieUnited States Bankruptcy Court, E.D. New York · 2008
- Matter of HansenUnited States Bankruptcy Court, N.D. Indiana · 1988
8 more not listed; retrieve them via the Exa API.