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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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