Legal Opinion

Thomas v. Peyton

District Court, E.D. Virginia

Decided August 6, 2001No. CA-01-742-A, CA-01-743-APublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM OPINION

CACHE RIS, District Judge.

Before the Court are two appeals from a decision of the bankruptcy judge denying the debtors’ efforts to exempt their real property held as tenants by the entireties from their individual creditors’ claims. For the following reasons, the decision is REVERSED.

I

The two appeals before the Court raise similar issues and were treated jointly in the opinion below, which is reported at In re Thomas, 261 B.R. 848 (Bankr.E.D.Va. 2001). This opinion likewise considers both appeals.

Appellants Joseph Thomas and Myrtle Thomas (jointly “the Thomases”) voluntarily…

2Cases cited20 opinions

  1. In Re Robert D. Johnson, Debtor. Canal Corporation, General Partner of the Limited Partnership of the October 18, 1973 Group the October 30, 1973 Group the November 30, 1973 Group the November 15, 1973 Group the December 10, 1973 Group the December 11, 1973 Group the December 14, 1973 Group the January 7, No. 91-1403 1974 Group the January 11, 1974 Group the January 31, 1974 Group Resource Evaluation & Development, Incorporated, General Partner of the Limited Partnership of the February 8, 1974 Group the February 15, 1974 Group the March 5, 1974 Group the March 11, 1974 Group the March 29, 1974 Group the April 14, 1974 Group the April 5, 1974 Group v. Robert E. Finnman Gerald L. Sacks Leonard Henschel Mrs. Leonard Henschel Carl Starnes Mrs. Carl Starnes Robert W. Froehlich Alan B. Svedlow Thomas W. Gilliam, Jr. Ruth Swart Young Frederick M. Sorrell, Jr. Richard B. Hudson Mrs. Richard B. Hudson William A. Gore Mrs. William A. Gore, and Lenora Johnson Brown Vail Pischke v. Bruce Goldstein, TrusteeCourt of Appeals for the Fourth Circuit · 1992
  2. In Re FordUnited States Bankruptcy Court, D. Maryland · 1980
  3. Vasilion v. VasilionSupreme Court of Virginia · 1951
  4. Gary GREENBLATT, Trustee, Appellant, v. Levy FORD, Jr., Appellee. in Re Levy FORD, Jr., DebtorCourt of Appeals for the Fourth Circuit · 1981
  5. In Re Ida v. Reider and James M. Reider, Debtors. Ida v. Reider v. Federal Deposit Insurance CorporationCourt of Appeals for the Eleventh Circuit · 1994

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3Cited by9 opinions

  1. In Re JorczakUnited States Bankruptcy Court, D. Connecticut · 2004
  2. Carlson v. Moratzka (In Re Carlson)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2008
  3. Bunker v. Peyton (In re Bunker)Court of Appeals for the Fourth Circuit · 2002
  4. In Re ModanloUnited States Bankruptcy Court, D. Maryland · 2009
  5. Rupp v. Duffin (In Re Duffin)Bankruptcy Appellate Panel of the Tenth Circuit · 2011

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