- 26 - mining whether a debtor in bankruptcy is insolvent for purposes of title 11, the debtor’s title 11 exempt property, which in- cludes property exempt from the claims of creditors under appli- cable State law, is excluded from the property he otherwise owns. See 1978 Bankruptcy Reform Act, sec. 101(26), 11 U.S.C. sec. 101(26) (Supp. II, 1978). When it passed the 1980 Bankruptcy Tax Act, Congress was aware of the role that it had decided to give title 11 exempt property in the 1978 Bankruptcy Reform Act. In particular, when Congress enacted into the Code the insolvency exception in section 108(a)(1)(B) and the definition of “insolvent” in section 108(d)(3), it knew that it had decided to, and did, define the term “insolvent” in section 101(26) of the 1978 Bankruptcy Reform Act, 11 U.S.C. sec. 101(26) (Supp. II, 1978), to exclude specifi- 11(...continued) located for the 180 days immediately preceding the date of the filing of the petition, or for a lon- ger portion of such 180-day period than in any other place; and (B) any interest in property in which the debtor had, immediately before the commencement of the case, an interest as a tenant by the entirety or joint tenant to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbankruptcy law. Sec. 541 of the 1978 Bankruptcy Reform Act, 92 Stat. 2594, governs the creation and composition of the bankruptcy estate. Sec. 522(d) of the 1978 Bankruptcy Reform Act, 92 Stat. 2586, identifies 11 categories of property, each of which is considered title 11 exempt property.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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