Legal Opinion

Straffi v. Etoll (In Re Etoll)

United States Bankruptcy Court, D. New Jersey

Decided March 5, 2010No. 15-25856PublishedCited by 2 opinions

1Opinion of the Court

OPINION

RAYMOND T. LYONS, Bankruptcy Judge.

INTRODUCTION

The Trustee seeks a judgment permitting a sale of a residence that the Debtor owned with her non-debtor spouse as tenants by the entirety. After filing bankruptcy, the Debtor died. Under state law the Debtor’s interest in the entireties property terminated at her death. The Trustee has no further interest in the real property as of the Debtor’s death. He may not sell the residence.

JURISDICTION

This court has jurisdiction of this adversary proceeding under 28 U.S.C. § 1334(b), 28 U.S.C. § 157(a) and the Standing Order of Reference by the…

2Cases cited14 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
  3. Gary GREENBLATT, Trustee, Appellant, v. Levy FORD, Jr., Appellee. in Re Levy FORD, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1981
  4. Newman v. ChaseSupreme Court of New Jersey · 1976
  5. King v. GreeneSupreme Court of New Jersey · 1959

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3Cited by2 opinions

  1. In re Eugene NakhshinUnited States Bankruptcy Court, N.D. Illinois · 2022
  2. Parke Bank v. FormicaUnited States Bankruptcy Court, D. New Jersey · 2021

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