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· 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

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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.