From the Editor – Property of Estate and Exemptions • NACTT Academy

From the Editor – Property of Estate and Exemptions

By The Honorable William Houston Brown (Retired)

Property interests defined by state law. Under Kentucky law, a prebankruptcy divorce decree had vested equitable title to the former marital home in the debtor alone. The former wife was a creditor, holding a claim for the amount ordered paid by the state court for her prior interest in the property. She was not a co-owner of the property, and she could not use § 363(h) to force a sale of the property. In re Ripberger, ___ B.R. ___, 2014 WL 5474057 (Bankr. E.D . . .

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