Tax Refunds and Tenancy by the Entireties, Continued

My last post discussed a case finding that the right to receive a tax refund can be asserted as exempt as tenancy by the entireties.  However, on January 2, 2013, Judge Mark in the Miami bankruptcy division disagreed, finding that the right to receive a tax refund cannot be claimed as tenancy by the entireties.  In re Ascuntar, 2013 Bankr. Lexis 5(January 2, 2013) (Case no. 12-13965).  The court did recognize that once the refund is received and deposited into a tenancy by the entireties account, then the funds could be exempt.



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