Legal Opinion
Musolino v. Sinnreich (In Re Sinnreich)
Court of Appeals for the Eleventh Circuit
Decided November 30, 2004No. 04-10309PublishedCited by 33 opinions
1Opinion of the Court
RONEY, Circuit Judge:
In this case of first impression in this Circuit, we hold that property owned by a Chapter 13 bankruptcy debtor as tenancy by the entireties with a non-debtor under Florida law is not part of the bankruptcy estate and therefore cannot be reached by creditors. Provided that the property meets all requirements as a tenancy by the entireties under applicable law, it is exempt from bankruptcy administration under Section 522(b)(2)(B) of the Bankruptcy Code. Debtor Simon Sinnreich filed a Chapter 13 petition for bankruptcy relief, claiming that certain real estate property and…
2Cases cited8 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Circuit City Stores, Inc. v. AdamsSupreme Court of the United States · 2001
- United States v. CraftSupreme Court of the United States · 2002
- Beal Bank, SSB v. Almand and AssociatesSupreme Court of Florida · 2001
- Roger Schlossberg, Trustee-Appellant v. Jean Barney, Debtor-AppelleeCourt of Appeals for the Fourth Circuit · 2004
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- In Re Kenneth E. Brannon, Kathy Fick Sippola, in 05-4600. In Re Thomas Michael Lewis, Debtors. Thomas Michael Lewis Sherry Michelle Lewis, in 05-5060Court of Appeals for the Third Circuit · 2007
- Hinton v. Hinton (In Re Hinton)United States Bankruptcy Court, M.D. Florida · 2007
- Gaughan v. Edward Dittlof Revocable Trust (In Re Costas)Court of Appeals for the Ninth Circuit · 2009
- Securities & Exchange Commission v. SolowDistrict Court, S.D. Florida · 2010
- In Re AlexanderUnited States Bankruptcy Court, M.D. Florida · 2006
28 more not listed; retrieve them via the Exa API.