· 8/10/1992
In the Matter of William Douglas Paeplow, Debtor-Appellee. Appeal of Edmond W. Foley, R. Kent Rowe, R. Kent Rowe, III
Citations
- 972 F.2d 730
- 1992 U.S. App. LEXIS 18284
- 23 Bankr. Ct. Dec. (CRR) 488
- 1992 WL 188867
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding creditors' characterization of their attempt to obtain post-discharge judgment lien incorrect because it involved establishing the personal liability of the debtors
- recently enacted Indiana exemption statute alters the historic treatment of property owned by the entireties
- “creditors are not prohibited from executing a judgment lien against a discharged debtor’s property, as long as the judgment was obtained before discharge”
- by virtue of _____ Indiana Code 34-2-28-1(a)(5), entireties property is exempt in bankruptcy, regardless of presence of joint creditors, as long as only one spouse files bankruptcy petition
- creditors “cannot execute on entirety property without first obtaining a judgment against both spouses”
- a creditor may not create a postpetition lien based upon a discharged debt
Source: CourtListener parenthetical corpus (CC0).
Judges: Coffey, Flaum, Eschbach
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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