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IN RE SMITH

Bankruptcy Nos. 96-41156-399, 96-41214-399.

200 B.R. 213 (1996)

In re Diana Lee Murray SMITH, Debtor. In re Ben Joe SMITH, Debtor.

United States Bankruptcy Court, E.D. Missouri, Eastern Division.

July 26, 1996.

Attorney(s) appearing for the Case

Timothy J. Mullin, Clayton, MO, for Debtors.

John V. LaBarge, Jr., Diana S. Daugherty, Standing Chapter 13 Trustee, St. Louis, MO.

John F. Sutherland, St. Louis, MO, Amicus Curiae Mercantile Bank of St. Louis, N.A.

MEMORANDUM OPINION AND ORDER

BARRY S. SCHERMER, Bankruptcy Judge.

INTRODUCTION

These cases present the issue of whether Missouri law ("nonbankruptcy law") prevents a creditor from attaching entirety property for non-joint debts (i.e. debts on which only one spouse is liable). The Court holds that non-exempt equity in entirety property may not be attached by non-joint creditors under Missouri law and consequently, under 11 U.S.C. § 522(b)(2...

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