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Rimmel v. Fey (In Re Fey)
Citations: 91 B.R. 524; 5 Bankr. Rep (St. Louis B.A.) 4328; 1988 Bankr. LEXIS 1638; 1988 WL 105191Docket: 15-40346
Court: United States Bankruptcy Court, E.D. Missouri; October 7, 1988; Us Bankruptcy; United States Bankruptcy Court
The United States Bankruptcy Court for the Eastern District of Missouri addressed a complaint from Gerald A. Rimmel, Trustee, seeking to compel the turnover of property in the bankruptcy case of Geraldine Helen Fey. Key findings include: 1. The Court has jurisdiction under 28 U.S.C. § 157 and § 1334. 2. Geraldine Fey filed for Chapter 7 bankruptcy relief on June 18, 1987, and her spouse, Arthur B. Fey, is a non-debtor. 3. Both Geraldine and Arthur owned shares of Anheuser Busch common stock, initially purchased by Geraldine before their marriage, with her funds, and held as joint tenants. 4. The stock certificates indicate joint tenancy but do not specify their marital status. 5. No changes were made to the ownership structure of the shares after their marriage, although they conveyed other property as tenants by the entirety. 6. The original purchase and subsequent stock dividends continued to reflect joint tenancy. 7. Missouri law presumes property acquired by a married couple is held as tenants by the entirety, but the Court confirmed that the shares were originally purchased as joint tenants. 8. The Court concluded that Geraldine held a one-half interest in the stock at the time of bankruptcy filing, qualifying it as property of the bankruptcy estate under 11 U.S.C. § 541. 9. The Trustee is directed to administer this asset. A separate order will be entered in favor of the Trustee, affirming his rights to manage the identified asset.