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DAVISON v. VIRGINIA NATIONAL BANK

No. 73-2011.

493 F.2d 1220 (1974)

In the Matter of Mary Finley Davison, Bankrupt. Mary Finley DAVISON, Appellant, v. VIRGINIA NATIONAL BANK, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 22, 1974.

Attorney(s) appearing for the Case

Osie H. Gay, Jr., Norfolk, Va., for appellant.

Stuart D. Glasser, Norfolk, Va. (Glasser & Glasser, Norfolk, Va., on brief), for appellee.

Before BOREMAN, Senior Circuit Judge, and RUSSELL and FIELD, Circuit Judges.

BOREMAN, Senior Circuit Judge:

The question presented on this appeal is whether a discharge in bankruptcy should be delayed to enable a general creditor to proceed against the property held by a husband and wife as tenants by the entirety where only one spouse is bankrupt.

FACTS AND PROCEEDINGS

On September 5, 1972, Mary Finley Davison and her husband, David D. Davison, jointly made and executed a homestead waiving promissory note for $4,331.52 payable...

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