IN RE BASCH

No. 05-10937.

341 B.R. 615 (2006)

In re Gary D. BASCH, Debtor.

United States Bankruptcy Court, W.D. Michigan.

April 12, 2006.


Attorney(s) appearing for the Case

Ronald A. Schuknecht, Esq., Traverse City, for James W. Boyd, Chapter 7 Trustee.

Wallace H. Tuttle, Esq., Traverse City, for Gary D. Basch, Debtor.


OPINION REGARDING THE RECENTLY ADOPTED MICHIGAN TENANCY BY THE ENTIRETY STATUTES

JAMES D. GREGG, Bankruptcy Judge.

I. ISSUE

Recently, the State of Michigan codified the exempt status of property held as a tenancy by the entirety. MICH. COMP. LAWS § 600.5451(1)(o). A reported decision by another bankruptcy judge in this district has declared this new statutory entireties exemption unconstitutional. The issue to be addressed...

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