id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-18361	Luke, Jonathan D	Joint Tenancies in Bankruptcy: Preserving Post-petition Survivorship Rights for Debtors and Non-debtors Alike	2015	35	.pdf	application/pdf	18009	835	62	Commentators who have taken up the issue either treat one side of cases in the split as undisputed law,31 in some cases even developing legal theories based on this unsupported view,32 or mention the split and do not discuss its implications.33 This Note clarifies the positions courts have taken on this issue, and based on current bankruptcy law and justifications for holding joint tenancy property, recommends a statutory solution favoring joint tenancies given their increasing prevalence and long-standing donative utility. ”198 After the Colorado Supreme Court’s Taylor decision in 2004, the federal district court in Colorado, the source of In re Lambert twenty-nine years earlier,199 was “compelled” to hold in In re Slifco200 that filing a bankruptcy petition severs a joint tenancy.201 In Slifco, a husband and wife held four parcels of property in joint tenancy which were subject to a lien.202 The husband independently filed a Chapter 7 bankruptcy petition and separated from his wife.203 Meanwhile, as the wife attempted to sell the properties to satisfy the encumbering lien, the husband died while his petition was before the bankruptcy court.204 Upon these facts and in view of Taylor, the court, although noting an independent basis for finding that the parties intended for the tenancy to sever,205 concluded that “filing for Chapter 7 bankruptcy evinces an intent to sever joint tenancy interests in any property scheduled as nonexempt.	cache/inlawrev-18361.pdf	txt/inlawrev-18361.txt