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IN RE ASCUNTAR

No. 12-13965-RAM.

487 B.R. 319 (2013)

In re Roberto ASCUNTAR, Debtor.

United States Bankruptcy Court, S.D. Florida.

Order Denying Reconsideration February 4, 2013.

Attorney(s) appearing for the Case

Nicole Shacket, Esq. , Miami, FL, for Trustee.

Antonio S. Sirven, Esq. , Miami, FL, for Debtor.

MEMORANDUM OPINION AND ORDER SUSTAINING TRUSTEE'S OBJECTION TO EXEMPTIONS

ROBERT A. MARK, Bankruptcy Judge.

The issue presented in the Trustee's Amended Objection to Exemptions (the "Objection") [DE# 32] is simply stated: May an individual debtor claim that his interest in a joint tax refund received postpetition is held as a tenant by the entirety with his spouse and is therefore exempt? Courts have split on this issue. After a thorough review of...

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