Legal Opinion

McNeilly v. Geremia (In Re McNeilly)

Bankruptcy Appellate Panel of the First Circuit

Decided June 21, 2000No. RI 99-106PublishedCited by 27 opinions

1Opinion of the Court

HAINES, Bankruptcy Judge.

Chapter 7 debtor Warren McNeilly, Jr., appeals the bankruptcy court’s order sustaining Trustee Louis Geremia’s objection to his claim of exemption in tenancy by the entirety property, namely a Vermont bank account holding $29,991.55. For the reasons set forth below, we reverse.

Background

McNeilly filed a voluntary Chapter 7 petition on August 17, 1999. In his amended schedules he claimed exemptions under Bankruptcy Code § 522(b)(2). 1 Among the items he claimed as exempt was his undivided interest in a Vermont bank account ostensibly held as a tenant by the entirety…

2Cases cited30 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  3. Barbour v. Dynamics Research Corp.Court of Appeals for the First Circuit · 1995
  4. Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
  5. In Re: Nell Carter, Debtor. Nell Carter v. Peter C. Anderson, Chapter 7trustee,appelleeCourt of Appeals for the Ninth Circuit · 1999

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3Cited by27 opinions

  1. Wood v. Premier Capital, Inc. (In Re Wood)Bankruptcy Appellate Panel of the First Circuit · 2003
  2. Beatrice v. Braunstein (In Re Beatrice)Bankruptcy Appellate Panel of the First Circuit · 2003
  3. Shamban v. PerryBankruptcy Appellate Panel of the First Circuit · 2006
  4. Hildebrandt v. Collins (In Re Hildebrandt)Bankruptcy Appellate Panel of the First Circuit · 2005
  5. Riley v. Tougas (In Re Tougas)United States Bankruptcy Court, D. Massachusetts · 2006

22 more not listed; retrieve them via the Exa API.

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