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IN RE PERSKY

No. 45, Docket 89-5011.

893 F.2d 15 (1989)

In re Bernard PERSKY and Stuart Persky, Debtors. COMMUNITY NATIONAL BANK AND TRUST COMPANY OF NEW YORK, Plaintiff-Appellant. v. Stuart PERSKY and Ronnie Persky, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 22, 1989.

Attorney(s) appearing for the Case

Paul Hollender, Staten Island, N.Y. (Corash & Hollender, Staten Island, N.Y., of counsel), for plaintiff-appellant.

Harvey L. Woll, New York City (Howard D. Bader, Mannarino Bader Bloom Fischer & Woll, New York City, of counsel), for defendants-appellees.

Before KAUFMAN, CARDAMONE and FRIEDMAN Circuit Judges.

CARDAMONE, Circuit Judge:

It had been a settled expectation that when a husband or wife filed for bankruptcy the marital home they owned as tenants by the entirety would not be sold in the administration of the estate. This calm confidence vanished with the enactment of the Bankruptcy Reform Act of 1978, P.L. 95-598, 11 U.S.C. §§ 101 et seq., (Bankruptcy Code or Code). With consumer credit a major industry, and a way of life for most Americans resulting...

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