Gillissie v Gillissie, 215 B.R. 370 (Bankr.N.D.Ill 1997) :: Tenancy by Entirety Exemptions : Illinois Bankruptcy Law

Other Illinois Exemption Citations

Gillissie v Gillissie, 215 B.R. 370 (Bankr.N.D.Ill 1997) - Tenancy by entirety property exempt except against joint debts
In re Mayer, 388 BR 869 (Bankr.ND Ill 2008) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
But see, In re Koeneman, 410 B.R. 820 (Bankr.N.D.Ill 2009) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
But see, In re Radzilowsky, 448 BR 767 (Bankr. N.D. Ill 2011) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
In re Shethi, 389 B.R. 588 (Bankr.N.D.Ill. 2008) - Life insurance proceeds to a spouse or dependent of debtor to extent needed for support
In re Stilwell, 321 B.R. 471 (C.D.Ill. 2005) - Life insurance, annuity proceeds, or cash value if beneficiary is insured's child, parent, spouse, or other dependent; or a trust for their benefit.
In re Ashley, 317 B.R. 352 (Bankr.C.D.Ill. 2004) - Life insurance, annuity proceeds, or cash value if beneficiary is insured's child, parent, spouse, or other dependent; or a trust for their benefit.
In re Fish, 224 B.R. 82 (Bankr. S.D. Ill 1998) - Earned income tax credit exempt as 'public assistance'
In re Vazquez, No. 13-32174 (Bankr. N.D. Ill 2014) - Earned income tax credit exempt as 'public assistance'
In re Dry, 348 B.R. 475 (Bkrtcy.C.D.Ill 2006) - Life insurance proceeds to a spouse or dependent of debtor to extent needed for support
110 Ill. Comp. Stat. 979/45 (g) - Prepaid tuition trust fund
215 Ill. Comp. Stat. 5/238 - Life insurance, annuity proceeds, or cash value if beneficiary is insured's child, parent, spouse, or other dependent; or a trust for their benefit.
215 Ill. Comp. Stat. 5/299.1a - Fraternal benefit society benefits
235 Ill. Comp. Stat. 5/6-1 - Pre-need cemetery sales funds, care funds, and trust funds
305 Ill. Comp. Stat. 5/11-3 - Aid to aged, blind, disabled; public assistance
40 Ill. Comp. Stat. 5/11-223 - Civil service employees
40 Ill. Comp. Stat. 5/12-190 - Park employees
40 Ill. Comp. Stat. 5/13-805 - Sanitation district employees
40 Ill. Comp. Stat. 5/14-147 - State employees
40 Ill. Comp. Stat. 5/15-185 - State university employees
40 Ill. Comp. Stat. 5/16-190 - Teachers
40 Ill. Comp. Stat. 5/17-151 - Teachers
40 Ill. Comp. Stat. 5/18-161 - Judges 40-5/18-161
40 Ill. Comp. Stat. 5/19-117 - House of correction employees
40 Ill. Comp. Stat. 5/19-218 - Public library employees
40 Ill. Comp. Stat. 5/2-154 - General assembly members 40-5/2-154
40 Ill. Comp. Stat. 5/22-230 - Disabled firefighters; widows, & children of firefighters
40 Ill. Comp. Stat. 5/3-144.1 - Police officers
40 Ill. Comp. Stat. 5/4-135 - Firefighters
40 Ill. Comp. Stat. 5/5-218 - Police officers
40 Ill. Comp. Stat. 5/6-213 - Firefighters
40 Ill. Comp. Stat. 5/7-217 (a) - Municipal employees
40 Ill. Comp. Stat. 5/8-244 - Municipal employees
40 Ill. Comp. Stat. 5/9-228 - County employees
735 Ill. Comp. Stat. 5/12-1001 (j) - Illinois College Savings Pool accounts, invested more than 1 year before filing if below federal gift tax limit, or 2 years if more than federal gift tax limit
735 Ill. Comp. Stat. 5/12-1001 (g)(3) - Health or disability benefits
735 Ill. Comp. Stat. 5/12-1001 (f) - Life insurance, annuity proceeds, or cash value if beneficiary is insured's child, parent, spouse, or other dependent; or a trust for their benefit.
735 Ill. Comp. Stat. 5/12-1001 (h)(3) - Life insurance proceeds to a spouse or dependent of debtor to extent needed for support
735 Ill. Comp. Stat. 5/12-1001 (e) - Health aids
735 Ill. Comp. Stat. 5/12-1001 (c) - Motor vehicle to $2,400
735 Ill. Comp. Stat. 5/12-1001 (h)(4) - Personal injury recoveries to $15,000
735 Ill. Comp. Stat. 5/12-1001 - Proceeds of sold exempt property
735 Ill. Comp. Stat. 5/12-1001 (h)(2) - Wrongful death recoveries
735 Ill. Comp. Stat. 5/12-1001 (h)(1) - Crime victims' compensation
735 Ill. Comp. Stat. 5/12-1001 (12)(h)(5) - Restitution payments on account of WWII relocation of Aleuts and Japanese Americans
735 Ill. Comp. Stat. 5/12-1001 (g)(1) - Social Security
735 Ill. Comp. Stat. 5/12-1001 (g)(1),(3) - Unemployment compensation
735 Ill. Comp. Stat. 5/12-1001 (g)(2) - Veterans' benefits
735 Ill. Comp. Stat. 5/12-1001 (g)(1) - Earned income tax credit exempt as 'public assistance'
735 Ill. Comp. Stat. 5/12-1001 (g)(4) - Alimony, child support
735 Ill. Comp. Stat. 5/12-1001 (a) - Bible, family pictures, schoolbooks, & clothing
735 Ill. Comp. Stat. 5/12-1001 (d) - Implements, books, & tools of trade to $1,500
735 Ill. Comp. Stat. 5/12-1001 (b) - $4,000 of any personal property (does not include wages)
735 Ill. Comp. Stat. 5/12-1001 (g)(1) - Aid to aged, blind, disabled; public assistance
735 Ill. Comp. Stat. 5/12-1006 - All tax-exempt retirement plans including IRAs, government and church plans
735 Ill. Comp. Stat. 5/12-1006 - Public employees
735 Ill. Comp. Stat. 5/12-1201 - Illinois has elected to "opt out" of the federal exemptions pursuant to Code § 522(b).
735 Ill. Comp. Stat. 5/12-803 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
735 Ill. Comp. Stat. 5/12-901 - Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year
735 Ill. Comp. Stat. 5/12-902 - Spouse or child of deceased owner may claim homestead exemption
735 Ill. Comp. Stat. 5/12-906 - Real or personal property including a farm, lot, & buildings, condo, co-op, or mobile home to $15,000 (husband and wife may double); sale proceeds exempt for 1 year
735 Ill. Comp. Stat. 5/12-907 - Homeowners' proceeds if home destroyed, to $15,000
740 Ill. Comp. Stat. 170/4 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
750 Ill. Comp. Stat. 65/22 - Tenancy by entirety property exempt except against joint debts
760 Ill. Comp. Stat. 100/4 - Pre-need cemetery sales funds, care funds, and trust funds
765 Ill. Comp. Stat. 1005/1c - Tenancy by entirety property exempt except against joint debts
815 Ill. Comp. Stat. 390/16 - Pre-need cemetery sales funds, care funds, and trust funds
820 Ill. Comp. Stat. 305/21 - Workers' compensation
820 Ill. Comp. Stat. 310/21 - Workers' occupational disease compensation
in re Frueh, No. 14�B�81029 (Bankr.W.D.Ill 2014) - Earned income tax credit exempt as 'public assistance'

50 State Tenancy by Entirety Exemptions

Alaska Stat. § 34.15.140 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Alaska Stat. § 09.38.100 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Morris v. Solesbee, 892 S.W.2nd 281 (Ark. App. 1995) - Not exempt. Tenancy by the entirety is recognized but debtor's interest in TBE property is not exempt.
Morrison v. Potter , 764 A.2d 234 (D.C. 2000) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
Estate of Wall, 440 F.2d 215 (D.C. Cir. 1971) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
In re Hovatter, 25 B.R. 123 (D. Del.Bankr. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 316 B.R. 629 (D.Del 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 289 B.R. 38 (D.Del,Bankr. 2003) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Meyer v. Faust, 83 So.2nd 847 (Fla 1955) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Musolino, 391 F.3d 1295 (11th Cir 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Haw. Rev. Stat. § 509-2 - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Traders Travel Intern., Inc. v. Howser, 753 P.2d 244 (Hawaii 1988) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Security Pacific Bank v. Chang, 818 F.Supp. 1343 (D. Haw. 1993) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
750 Ill. Comp. Stat. 65/22 - Tenancy by entirety property exempt except against joint debts
765 Ill. Comp. Stat. 1005/1c - Tenancy by entirety property exempt except against joint debts
Gillissie v Gillissie, 215 B.R. 370 (Bankr.N.D.Ill 1997) - Tenancy by entirety property exempt except against joint debts
Ind. Code Ann. § 34-55-10-2 (c)(5) - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 32-17-3-1 - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 34-55-10-2 (c)(5) - Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
Mass. Gen. Laws ch. 209, § 1 - Property coowned by spouses as TBE and used as the principal residence of the nondebtor spouse is exempt unless the claim is based upon necessities provided to either spouse or dependent.
Mass. Gen. Laws ch. 209, § 1 - Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.
In re Birney, 200 F.3d 225 (4th Cir. 1999) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Est. & Trusts] § 14.5-511 - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (b)(8),(9) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
In re Guzior, 347 B.R. 237 (Bkrtcy.E.D.Mich. 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Spears, 313 B.R. 212 (W.D.Mich. 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.6023a - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Raynard, 354 B.R. 834 (6th Cir BAP 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Smith, 246 B.R. 540 (E.D. Mich. 2000) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Scott v. Union Planters Bank N.A., 196 S.W.3d 574 (Mo.App. S.D., 5/15/2006) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Mo. Rev. Stat. § 513.475 (2) - Tenancy by the entirety is recognized in ownership of both real and personal property, and in the case of real property, such interests are exempt. MAS § 513.475(2). Consequently, pursuant to Code § 522(b)(2)(B) interests of the debtor in real property as a tenant by the entirety are exempt in Bankruptcy Code.
Edgar v. Ruma, 823 S.W.2d 59 (Mo. Ct. App. 1991 ) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
Miss. Code Ann. � - Tenancy by the entirety has been recognized by Mississippi state courts. Consequently, pursuant to Code § 522(b)(2)(B), such interests may also be exempt. Status unkown.
In re Chandler, 148 B.R. 13 (E.D. N.C. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
King v.Greene, 30 N.J. 395 (N.J. 1959) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
Freda v. Commercial Trust Co. of New Jersey, 570 A.2d 409 (N.J. 1990) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
N.M. Stat. Ann. § 40-3-10 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.M. Stat. Ann. § 40-3-11 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.Y. Est. Powers & Trusts Law § 6-2.2 - Recognized, but not exempt
In re Pernus, 143 B.R. 856 (N.D. Ohio 1992) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
In re Cline, 164 B.R. 592 (Bankr.S.D. Ohio 1994) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
Or. Rev. Stat. § 108.090 - Tenancy by the Entireties recognized in real estate, but is not exempt.
Stanley v. Mueller, 222 Or. 194 (1960 ) - Tenancy by the Entireties recognized in real estate, but is not exempt.
In re Martin, 259 B.R. 119 (M.D. Pa. 2001) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Ryan, 282 B.R. 742 (D.R.I. 2002) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
Cull v Vadnais, 406 A.2d 1241 (RI ) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
In re Furkes, 65 B.R. 232, 236 (D.R.I 1986) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
11 U.S.C. § 522 (b)(3) - Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
Vt. Stat. Ann. tit. 15, § 67 - NORTON Vermont recognizes tenancy by the entirety. Such interest, however, may be subject to certain debts and thus the exemption of such interests are also limited under the Bankruptcy Code pursuant to Code § 522(b)(2)(B). See VSA 15 § 67.
Vt. Stat. Ann. tit. 12, § 2781 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Lowell v. Lowell, 419 A2d 321 (Vt. 1980) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re McQueen, 21 B.R. 736 (D. Ver. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Vt. Stat. Ann. tit. 15, § 67 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Rose v. Morell, 259 A2d 8 (Vt. 1969) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Anselmi, 52 B.R. 479 (D.Wy. 1985) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Wenande, 107 B.R. 770 (Bankr. D. Wyo 1989) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

← Illinois Tenancy by Entirety Exemptions

Citation: Case - Gillissie v Gillissie, 215 B.R. 370 (Bankr.N.D.Ill 1997)

Other Illinois Exemption Citations

50 State Tenancy by Entirety Exemptions