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)

Tenancy by entirety exemption retained after transfer. The prepetition transfer of residential property that was owned by spouses as tenants by entirety to a trust, of which both spouses were beneficiaries, did not destroy the tenancy by entirety; therefore, the debtor spouse retained ability to claim the entireties exemption. Loventhal v. Edelson, _________F.3d________, 2016 WL 7384011 (7th Cir. Dec. 21, 2016).

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The Honorable William Houston Brown retired in 2006 as a United States Bankruptcy Judge for the Western District of Tennessee, and he . . .

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