Administration of Tenancies by the Entirety Properties in Bankruptcy: Trickett is Dead

Attorney Rebecca Johnson-Ellis is on the Bankruptcy Steering Committee for the Bankruptcy Section of the Western Michigan Chapter of the Federal Bar Association. This organization organizes many educational seminars and social gatherings in the Western District of Michigan where we practice.

Attorney Johnson-Ellis recently submitted an article to the organization’s Winter 2019 issue of the Michigan Bankruptcy Journal. Attorney Johnson-Ellis focused her article on the unpublished Sixth Circuit Court of Appeals decision that interpreted the Michigan tenants by entireties exemption. The court found that Michigan law protects the entire value of the exempted property and prohibits a bankruptcy court from charging exempt property for administrative expenses. This new case makes administration of these assets much more unlikely by the Chapter 7 Trustee.

Attorney Johnson-Ellis’ article can be read here: Michigan Bankruptcy Journal – Winter 2019 – Johnson-Ellis