Jensen v. Montemoino (In re Montemoino)

MEMORANDUM ORDER ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

(Doc. 5)

JEFFERY P. HOPKINS, Bankruptcy Judge.

Introduction

The New Jersey legislature’s 1988 statutory enactments concerning tenancy by the entireties property modified then-existing New Jersey common law to prohibit a creditor of only one spouse from executing on property owned in the tenancy by en-tireties form. Where entireties property is exempt from execution by one spouse’s creditors, the subsequent transfer or disposition of such property cannot be the subject of a fraudulent transfer action by that spouse’s creditors because…