Legal Opinion
In Re Tolson
United States Bankruptcy Court, C.D. Illinois
Decided December 30, 2005No. 04-85158PublishedCited by 17 opinions
1Opinion of the Court
OPINION
THOMAS L. PERKINS, Bankruptcy Judge.
Whether homestead real estate held in tenancy by the entirety by a married couple is exempt and insulated from administration by the trustee in bankruptcy, a difficult question that turns on state law, must be addressed in this Opinion in the context of the issue of avoidance of a judicial lien on entireties property where the lienholder is a creditor of the bankrupt spouse only.
FACTUAL AND PROCEDURAL BACKGROUND
The Debtor, Thomas J. Tolson (DEBTOR), filed for Chapter 7 relief on November 17, 2004. His wife, Lynn Tolson, did not file. They reside at…
2Cases cited26 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
- United States v. CraftSupreme Court of the United States · 2002
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
- Beihl v. MartinSupreme Court of Pennsylvania · 1912
21 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Maher v. Harris Trust and Savings BankCourt of Appeals for the Seventh Circuit · 2007
- Laverne Williams v. Scott JaffeCourt of Appeals for the Seventh Circuit · 2019
- In Re EichhornUnited States Bankruptcy Court, S.D. Illinois · 2006
- In re YotisUnited States Bankruptcy Court, N.D. Illinois · 2014
- In Re GiffuneUnited States Bankruptcy Court, N.D. Illinois · 2006
12 more not listed; retrieve them via the Exa API.