Legal Opinion

In Re Weiss

United States Bankruptcy Court, S.D. New York

Decided May 22, 1980No. 19-22239PublishedCited by 21 opinions

1Opinion of the Court

DECISION INVOLVING AN ASSERTED BIFURCATION OF THE OTHERWISE INSEPARABLE PROPERTY INTERESTS OF TENANTS BY THE ENTIRETY.

HOWARD SCHWARTZBERG, Bankruptcy Judge.

This case involves an asserted bifurcation of the otherwise inseparable property interests of tenants by the entirety under New York law with a view to propounding an enlargement of the exemption under Code § 522(b)(2)(B). The exemption claimed relates to the Chapter 13 debtor’s interest in a tenancy by the entirety with his non-debtor spouse in their home, which the debtor values at $85,000.

The debtor’s claimed exemption was timely…

2Cases cited33 opinions

  1. Hiles v. . FisherNew York Court of Appeals · 1895
  2. Vasilion v. VasilionSupreme Court of Virginia · 1951
  3. Otto F. Stifel's Union Brewing Co. v. SaxySupreme Court of Missouri · 1918
  4. Ohio Butterine Co. v. HargraveSupreme Court of Florida · 1920
  5. Masterman v. MastermanCourt of Appeals of Maryland · 1916

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3Cited by21 opinions

  1. Wilk Auslander LLP v. Murray (In Re Murray)Court of Appeals for the Second Circuit · 2018
  2. Michigan National Bank—Michiana v. Chrystler (In Re Trickett)United States Bankruptcy Court, W.D. Michigan · 1981
  3. Miner v. Anderson (In Re Anderson)United States Bankruptcy Court, W.D. Missouri · 1981
  4. Harris v. CrowderWest Virginia Supreme Court · 1984
  5. Community National Bank & Trust Co. of New York v. Persky (In Re Persky)United States Bankruptcy Court, E.D. New York · 1991

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

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