In re Lowe (Case No. 05-71129) 10/18/2006
The Court denied hte Debtor's motion to reopen his case when a creditor recorded a judgment lien on property held as tenants by the entirety because the Debtor did not show entitlement to the relief sought under the Bankruptcy Code. Under Virginia law, property held as tenants by the entirety may be reached by joint creditors of both spouses, but not by creditors of either spouse alone. The Debtor's motion fails to allege whether the judgment is a joint judgment or a judgment only against the Debtor. Accordingly, the Court denied the Debtor's motion to reopen his case because the Debtor did not show entitlement to the relief sought under the Bankruptcy Code.