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In re Tsunis

April 26, 1984

IN RE: DIMITRIOUS TSUNIS A/K/A DIMITRIOUS J. TSUNIS AND D. J. TSUNIS, DEBTOR. DIMITRIOUS TSUNIS A/K/A DIMITRIOUS J. TSUNIS AND D. J. TSUNIS, RESPONDENT-APPELLANT,
v.
SPANCRETE NORTHEAST INC., ET AL., PETITIONERS-APPELLEES.



Appeal from an order of the District Court for the Eastern District of New York (Jacob Mishler, Judge), affirming a decision of Bankruptcy Judge Radoyevich that granted a creditors' petition for involuntary bankruptcy and ruled that, for purposes of 11 U.S.C. § 303(b)(1) (1982), valuation of creditors' claims against debtor's interest in real property as tenant by the entirety is to be made in light of creditors' pre-petition rights under state law, not creditors' post-petition rights under bankruptcy law. Affirmed.

Before: KAUFMAN, MESKILL, and NEWMAN, Circuit Judges.

Per Curiam:

The order of the District Court is affirmed for the reasons set forth in both Bankruptcy Judge Radoyevich's opinion of April 6, 1983, 29 Bankr. 527 (Bankr. E.D.N.Y. 1983), and Judge Mishler's opinion of December 5, 1983, F. Supp. (E.D.N.Y. 1983).

19840426

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