Legal Opinion
In Re Riley
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 11, 1985No. 19-10685PublishedCited by 8 opinions
1Opinion of the Court
OPINION
WILLIAM A. KING, Jr., Bankruptcy Judge.
The question to be resolved is whether one spouse in a joint case under Chapter 13 of the Bankruptcy Code (“Code”) may exempt real property owned by the debtors as tenants by the entireties which is subject to a joint judgment lien. For the reasons stated herein, we conclude that he may not. Accordingly, we will order the debtors to amend their plan.
The facts of the case are as follows: 1 In 1979, Joseph M. Riley, Sr., Margaret F. Riley, James J. Lavin and Diane S. Lavin (“debtors”) executed a note payable to Fidelity Bank (“creditor”). The Lavins…
2Cases cited6 opinions
- Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
- Ambler Coleman Ragsdale and Ann Parrish Hancock Ragsdale v. Genesco, Inc.Court of Appeals for the Fourth Circuit · 1982
- Hackett v. Commercial Banking Corp. (In Re Hackett)United States Bankruptcy Court, E.D. Pennsylvania · 1981
- Arch Street Building & Loan Assn. v. SookSuperior Court of Pennsylvania · 1931
- Consumers Time Credit, Inc. v. Remark Corp.District Court, E.D. Pennsylvania · 1965
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sumy v. SchlossbergCourt of Appeals for the Fourth Circuit · 1985
- In Re JablonskiUnited States Bankruptcy Court, E.D. Pennsylvania · 1987
- Klebach v. Mellon Bank, N.A.Supreme Court of Pennsylvania · 1989
- In Re PanasUnited States Bankruptcy Court, E.D. Pennsylvania · 1986
- In Re SumyCourt of Appeals for the Fourth Circuit · 1985
3 more not listed; retrieve them via the Exa API.