Birney v. Smith (In Re Birney)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that resultant solely owned fee simple interest following severance of tenancy by the en-tireties constitutes “post-petition property,” which must be “capture[dj” by bankruptcy estate
• holding that postpetition termination of entireties exemption due to death of nondebtor spouse “does not, by itself, bring the property into the bankruptcy estate” (emphasis added)
• holding that postpetition death of debtor’s spouse “extinguished” basis for debtor’s § 522(b)(3)(B) exemption
• holding that “[s]eetion 541(a)(5) ... is inapplicable and does not provide a statutory mechanism for bringing” a surviving spouse’s fee simple interest in property previously held as tenancy by the entireties into the bankruptcy estate
• “[A]ny judgment is void if it is a determination of the personal liability of the debtor with respect to a discharged debt.”
• “Only property which falls into the descriptions contained in subsections (A) through (C

Source: CourtListener parenthetical corpus (CC0).