Legal Opinion
Bunker v. Peyton (In re Bunker)
Court of Appeals for the Fourth Circuit
Decided November 21, 2002No. Nos. 01-2071, 01-2074PublishedCited by 14 opinions
1Opinion of the Court
OPINION
MICHAEL, Circuit Judge.
Today we take up one aspect of the bedeviling issue in bankruptcy law of how to deal with property held by debtors as tenants by the entirety. We hold that when a husband and wife in Virginia file a joint Chapter 7 bankruptcy petition, and they have — apart from their mortgage lender — only individual creditors, the two spouses may exempt a home they own as tenants by the entirety to the extent of their equity. See 11 U.S.C. § 522(b)(2)(B). The spouses may take the exemption not*149withstanding the joint administration or substantive consolidation of their individual…
2Cases cited16 opinions
- In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
- Vasilion v. VasilionSupreme Court of Virginia · 1951
- Gary GREENBLATT, Trustee, Appellant, v. Levy FORD, Jr., Appellee. in Re Levy FORD, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1981
- Jones v. ConwellSupreme Court of Virginia · 1984
- Sumy v. SchlossbergCourt of Appeals for the Fourth Circuit · 1985
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re VansickelUnited States Bankruptcy Court, E.D. Virginia · 2004
- Gold v. Laines (In Re Laines)United States Bankruptcy Court, E.D. Virginia · 2005
- In Re BippertUnited States Bankruptcy Court, W.D. Texas · 2004
- In Re LindstromUnited States Bankruptcy Court, E.D. Michigan · 2005
- Branch Banking & Trust Co. v. Adam (In Re Adam)United States Bankruptcy Court, E.D. Virginia · 2009
9 more not listed; retrieve them via the Exa API.