Tenancy by the Entireties and the § 522(f) Calculation

“Over the years courts have struggled to apply the lien-avoidance provisions under § 522(f) to jointly owned property. . . .Things get even more confusing when the debtor owns property as a tenancy by the entireties. That antiquated form of ownership has odd characteristics that do not fit well into the § 522(f) calculation.”

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JamesDavis
Staff Attorney

James M. Davis is a staff attorney in the office of Henry E. Hildebrand, III, the Chapter 13 Standing Trustee for the Middle District of Tennessee. Mr. Davis is a graduate of Johns Hopkins University in Baltimore, Maryland, and the William and Mary School of Law in Williamsburg, Virginia.

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