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· 10/1/2007

Hinton v. Hinton (In Re Hinton)

Citations

  • 378 B.R. 371
  • 21 Fla. L. Weekly Fed. B 40
  • 2007 Bankr. LEXIS 3537
  • 2007 WL 3051264

How courts have described this case

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

  • allowing an entireties exemption on a federal income tax refund check from a jointly filed tax return
  • with respect to real property acquired in the name of husband and wife, a rule of construction exists that a tenancy by the entireties is created, absent fraud
  • “Section 522(o) begins with the limiting language: ‘For purposes of subsection (b)(3)(A).’ Thus, by its explicit terms, Section 522(o) applies only to Bankruptcy Code Section 522(b)(3)(A), and not, as the plaintiffs assert, to Section 522(b)(3)(B).”
  • “in the absence of any controlling statute, express agreement, account statement, or other governing indicia that explicitly establishes a form of ownership other than tenancy by the entireties, Beal Bank's presumption also is applicable to all personal property”

Source: CourtListener parenthetical corpus (CC0).

Judges: Karen S. Jennemann

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.