· 12/26/1991
In Re Franklin J. Garner, Jr., Debtor. Frank Garner, Margie Garner v. Bruce Strauss, Trustee
Citations
- 952 F.2d 232
- 26 Collier Bankr. Cas. 2d 274
- 1991 U.S. App. LEXIS 30133
- 1991 WL 273894
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- suggesting that the court would have ordered a partition of jointly owned stock had the stock not al ready been liquidated
- applying Missouri law for the proposition that tenancy by the entirety property is only available to creditors if joint debts are at issue
- “[Ujnder Missouri law, for a creditor to reach tenancy by the entirety property, the spouses must have jointly acted to burden the property.”
- “Section 541(a)(1) ‘is certainly broad enough to include an individual debtor’s interest in property held as a tenant by the entirety.’”
- ”[U]nder Missouri law, for a creditor to reach tenancy by the entirety property, the spouses must have jointly acted to burden the property.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gibson, Heaney, Beam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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