Legal Opinion

In the Matter of Mary Finley Davison, Bankrupt. Mary Finley Davison v. Virginia National Bank

Court of Appeals for the Fourth Circuit

Decided March 22, 1974No. 73-2011PublishedCited by 20 opinions

1Opinion of the Court

BOREMAN, Senior Circuit Judge:

The question presented on this appeal is whether a discharge in bankruptcy should be delayed to enable a general creditor to proceed against the property held by a husband and wife as tenants by the entirety where only one spouse is bankrupt.

FACTS AND PROCEEDINGS

On September 5, 1972, Mary Finley Davison and her husband, David D. Davison, jointly made and executed a homestead waiving promissory note for $4,331.52 payable in monthly installments of $120.32 to Virginia National Bank (hereafter Bank), present holder of said note. The makers of the note having…

2Cases cited3 opinions

  1. Vasilion v. VasilionSupreme Court of Virginia · 1951
  2. Phillips v. KrakowerCourt of Appeals for the Fourth Circuit · 1931
  3. Reid v. RichardsonCourt of Appeals for the Fourth Circuit · 1962

3Cited by20 opinions

  1. In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
  2. Sumy v. SchlossbergCourt of Appeals for the Fourth Circuit · 1985
  3. In the Matter of Walter N. HUNTER, Debtor-Appellee. Appeal of SHIPSHEWANA STATE BANKCourt of Appeals for the Seventh Circuit · 1992
  4. In the Matter of Richard Johnson Seats, Bankrupt. Maryland Hotel Supply Company v. Richard Johnson SeatsCourt of Appeals for the Fourth Circuit · 1976
  5. Chippenham Hospital, Inc. v. Robert E. Bondurant, in Re Robert E. Bondurant, DebtorCourt of Appeals for the Fourth Circuit · 1983

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