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IN RE MALONEY

Bankruptcy No. 92-2526-BM, Motion No. 92-2483M.

146 B.R. 168 (1992)

In re James P. MALONEY, Debtor. Alan E. CECH, Trustee, Movant, v. James P. MALONEY, Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

October 21, 1992.

Attorney(s) appearing for the Case

Alan E. Cech, Trustee, Flaherty & Sheehy, P.C., Pittsburgh, Pa., for Chapter 7 Trustee.

Kenneth M. Steinberg, Steidl & Steinberg, Pittsburgh, Pa., for debtor.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Debtor James P. Maloney has exempted pursuant to 11 U.S.C. § 522(b)(2)(B) his entire interest in the marital residence which he and his non-debtor wife own as tenants by the entirety.

The trustee has objected to the exemption. The trustee maintains that the exemption should be completely disallowed and claims that he has the right and the obligation to sell the property pursuant...

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