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Legal Opinion

In Re Walls

United States Bankruptcy Court, E.D. Tennessee

Decided December 13, 1984No. Bankruptcy 3-84-00644PublishedCited by 10 opinions

1Opinion of the Court

MEMORANDUM AND ORDER ON TRUSTEE’S PROPOSAL TO SELL RIGHT OF SURVIVORSHIP

CLIVE W. BARE, Bankruptcy Judge.

At issue is the trustee’s right to sell a right of survivorship in a marital residence owned by the debtor and his nondebtor spouse as tenants by the entirety. Debtor asserts his survivorship interest is within the scope of the Tennessee homestead exemption and that the trustee is barred from selling the interest for less than the $5,000.00 exemption provided by Tenn.Code Ann. § 26-2-301 (1980). Disagreeing, the trustee contends the purpose of the Tennessee homestead exemption is to assure…

2Cases cited19 opinions

  1. J. Kenneth Rhodes, Debtor v. Larry Stewart, TrusteeCourt of Appeals for the Sixth Circuit · 1983
  2. Robinson v. Trousdale CountyTennessee Supreme Court · 1974
  3. Cole Manufacturing Co. v. CollierTennessee Supreme Court · 1895
  4. Waldschmidt v. Shaw (In Re Shaw)United States Bankruptcy Court, M.D. Tennessee · 1980
  5. White v. FulghumTennessee Supreme Court · 1889

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3Cited by10 opinions

  1. In Re ArwoodUnited States Bankruptcy Court, E.D. Tennessee · 2003
  2. Community National Bank & Trust Co. of New York v. Persky (In Re Persky)United States Bankruptcy Court, E.D. New York · 1987
  3. In Re ElseaUnited States Bankruptcy Court, E.D. Tennessee · 1985
  4. In Re CrowellUnited States Bankruptcy Court, M.D. Tennessee · 1985
  5. In Re BusheeUnited States Bankruptcy Court, E.D. Tennessee · 2004

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

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