Sumy v. Schlossberg

777 F.2d 921 (1985)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
S
From our private database of 46,200+ case briefs, written and edited by humans—never with AI.

Sumy v. Schlossberg

United States Court of Appeals for the Fourth Circuit
777 F.2d 921 (1985)

Facts

Maryland resident Michael Sumy (plaintiff) filed for Chapter 7 bankruptcy. Michael’s wife did not file for bankruptcy. Michael disclosed approximately $19,500 in unsecured debt, including approximately $1,474 in debt that he jointly incurred with his wife. Michael also disclosed his residence, which he jointly owned with his wife as tenants in the entirety, as an asset. Per Michael, the residence was worth $73,500, which was approximately $20,000 more than a deed of trust on the property. Michael claimed that the $20,000 was exempt from his bankruptcy estate under Bankruptcy Code (code) § 522(b)(2)(B). The bankruptcy trustee, Roger Schlossberg (defendant), objected, contending that the residence could not be exempt under § 522(b)(2)(B) because Maryland law permitted creditors of both spouses to reach property that the spouses owned as tenants in the entirety. Accordingly, the trustee argued that he should be allowed to administer the residence for the benefit of Michael and his wife’s joint creditors pursuant to code § 363(h).

Rule of Law

Issue

Holding and Reasoning (Winter, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 782,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 782,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,200 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 782,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,200 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Bankruptcy

Key Terms