Legal Opinion
In re James
United States Bankruptcy Court, E.D. Tennessee
Decided October 10, 2013No. Nos. 11-16354, 12-13300PublishedCited by 1 opinion
1Opinion of the Court
*816MEMORANDUM
SHELLEY D. RUCKER, Bankruptcy Judge.
The trustees seek substantive consolidation of the two cases in order to sell a condominium owned by the debtors as tenants by the entirety for the benefit of the debtors’ joint creditors. Before the court determines whether substantive consolidation is warranted, it must determine whether the trustees can overcome the exemption that each debtor has claimed in their respective entirety interests in the condominium. Mr. Jahn, Mr. James’ trustee, has objected to Mr. James’ claim of exemption in an interest in the condominium and seeks a finding by…
2Cases cited36 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Schwab v. ReillySupreme Court of the United States · 2010
- Merchants National Bank of Winona v. Moen (In Re Moen)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
- Beal Bank, SSB v. Almand and AssociatesSupreme Court of Florida · 2001
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3Cited by1 opinion
- Whatley v. Stijakovich-Santilli (In Re Stijakovich-Santilli)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2015