Legal Opinion

Ross v. Maryland, Department of Business & Economic Development (In re Ross)

United States Bankruptcy Court, District of Columbia

Decided July 23, 2012No. Bankruptcy No. 11-00757; Adversary No. 11-10060Published

1Opinion of the Court

MEMORANDUM DECISION RE CROSS-MOTIONS FOR SUMMARY JUDGMENT

S. MARTIN TEEL, JR., Bankruptcy Judge.

This addresses the parties’ cross-motions for summary judgment. For the reasons that follow, the court will avoid the debtor’s transfer of his interest in tenants by the entirety property, but will leave intact his wife’s transfer of her interest, for whatever, if anything, that avails the defendant.

I

The debtor, Richard Ross, commenced this adversary proceeding as a debtor-in-possession under 11 U.S.C. § 1101, exercising the powers of a trustee pursuant to 11 U.S.C. § 1107(a). Invoking 11 U.S.C. §§…

2Cases cited20 opinions

  1. Gary T. Napotnik v. Equibank and Parkvale Savings AssociationCourt of Appeals for the Third Circuit · 1982
  2. Sumy v. SchlossbergCourt of Appeals for the Fourth Circuit · 1985
  3. 12 Collier bankr.cas.2d 525, Bankr. L. Rep. P 70,332 in the Matter of Terry Grosslight D/B/A Kay Bee Construction Company. Liberty State Bank and Trust, a Michigan Banking Corporation v. Terry Grosslight and Sandra GrosslightCourt of Appeals for the Sixth Circuit · 1985
  4. In Re Franklin J. Garner, Jr., Debtor. Frank Garner, Margie Garner v. Bruce Strauss, TrusteeCourt of Appeals for the Eighth Circuit · 1991
  5. In the Matter of Walter N. HUNTER, Debtor-Appellee. Appeal of SHIPSHEWANA STATE BANKCourt of Appeals for the Seventh Circuit · 1992

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