Roderick E. Carlson and Jeanette S. Carlson - Page 26




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          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.                                                   





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