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IN RE RILEY

Bankruptcy No. 82-00598K.

48 B.R. 194 (1985)

In re Joseph M. RILEY, Sr., Margaret F. Riley (Jointly Administered with: James J. Lavin and Diane S. Lavin, H/W—Bankruptcy No. 82-00597K), Debtors.

United States Bankruptcy Court, E.D. Pennsylvania.

April 11, 1985.

Attorney(s) appearing for the Case

Robert C. Perry, Philadelphia, Pa., for debtors.

Jeraldine B. Davis, Asst. Counsel, Philadelphia, Pa., for Fidelity Bank.

James J. O'Connell, Philadelphia, Pa., Chapter 13 standing trustee.

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge.

The question to be resolved is whether one spouse in a joint case under Chapter 13 of the Bankruptcy Code ("Code") may exempt real property owned by the debtors as tenants by the entireties which is subject to a joint judgment lien. For the reasons stated herein, we conclude that he may not. Accordingly, we will order the debtors to amend their plan.

The facts of the case are as follows:

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