Peet v. Checkett, No. 14-6033 (8th Cir. 2015)
Annotate this CaseThe Peets sought relief under chapter 13 of the bankruptcy code on December 5, 2011. When they filed their petition for relief, the Peets and Marilynn Peet's parents held title to real property in Missouri as joint tenants, and Marilynn Peet and her father held title to a 2005 Ford half-ton pickup registered in Missouri as joint tenants. On the Peets' motion, the bankruptcy court converted the case to chapter 7 on January 23, 2014. Checkett was appointed the chapter 7 trustee. Marilynn Peet's father passed away on April 14, 2014. Her mother passed away the following day. That summer, the trustee proposed to sell the real property and the pickup. The Peets objected. The bankruptcy court overruled the Peets' objections and authorized the trustee to sell the real property and the pickup. The Eighth Circuit Bankruptcy Appellate Panel affirmed. The filing of a petition for relief does not sever a joint tenancy. The Peets' undivided estate in the real property and Marilyn Peet's undivided estate in the pickup are property of the bankruptcy estate, and the trustee is entitled to the proceeds from their sales.
Court Description: Bankruptcy Appellate Panel. Filing of a Chapter 13 petition did not sever debtor's joint tenancy and the debtors' undivided estate in real property and debtor Marilyn Peet's undivided estate in a truck are property of the bankruptcy estate; the trustee is entitled to the proceed of the sales, less any exemptions. [ April 21, 2015
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.