Legal Opinion

In re Frankel

United States Bankruptcy Court, D. Massachusetts

Decided April 7, 2014No. 13-41468-HJBPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OF DECISION

HENRY J. BOROFF, Bankruptcy Judge.

Before the Court is an objection filed by David M. Nickless, Chapter 7 trustee (the “Trustee”), to an exemption claimed by Dylan and Laura Frankel, the debtors in this Chapter 7 bankruptcy case (together, the “Debtors”; individually, “Dylan” and “Laura”). The issue to be resolved is whether Laura may claim an exemption in a vehicle titled in Dylan’s name, on the grounds that she owns the vehicle by operation of a resulting trust.

I. FACTS AND TRAVEL OF THE CASE

In April 2008, the Debtors, then husband and wife, were in the market for a…

2Cases cited12 opinions

Butner v. United StatesSupreme Court of the United States · 1979
Krasner v. KrasnerMassachusetts Supreme Judicial Court · 1972
Davenport v. S.I. Securities (In Re Davenport)United States Bankruptcy Court, N.D. Illinois · 2001
In Re CohenUnited States Bankruptcy Court, D. New Jersey · 2001
Checovich v. ChecovichMassachusetts Supreme Judicial Court · 1959

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3Cited by2 opinions

In re SullivanUnited States Bankruptcy Court, D. Massachusetts · 2016
Andrew Lancos, Jr. and Carol Ann LancosUnited States Bankruptcy Court, W.D. Pennsylvania · 2022