In re SINNREICH 391 F.3d 1295 (2004) CASE BRIEF

In re SINNREICH
391 F.3d 1295 (2004)
NATURE OF THE CASE: Musolino (P) appealed a judgment, which affirmed the bankruptcy court's decision to permit property held as tenants by the entireties by Sinnreich (D), a Chapter 13 debtor, and his wife to be exempt from P's bankruptcy estate.
FACTS: D filed a Chapter 13 petition for bankruptcy claiming that certain real estate property and household goods and furnishings held with his non-debtor wife as tenants by the entireties under Florida law was exempt from his creditors pursuant to 11 U.S.C. 522(b). P objected to this claimed exemption. The bankruptcy court denied P's objection. The district court affirmed that decision. P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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