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IN RE BUTCHER

No. 96-2637.

125 F.3d 238 (1997)

In Re: Patrick A. BUTCHER; In Re: Lisa A. Butcher, Debtors. GOVERNOR PLAZA ASSOCIATES, Plaintiff-Appellant, v. Patrick A. BUTCHER; Lisa A. Butcher, Defendants-Appellees, v. STATE OF MARYLAND; United States of America, Parties in Interest-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided September 15, 1997.

Attorney(s) appearing for the Case

ARGUED: Michael Jay Schwarz, Law Offices of Michael J. Schwarz, Baltimore, MD, for Appellant. Joel Ira Sher, Shapiro & Olander, Baltimore, MD, for Appellees. ON BRIEF: Sandra A. Manocchio, Shapiro & Olander, Baltimore, MD, for Appellees Butcher; J. Joseph Curran, Jr., Attorney General of Maryland, Susan A. Griisser, Assistant Attorney General, Office of the Attorney General, Baltimore, MD, for Appellee State of Maryland.

Before RUSSELL and NIEMEYER, Circuit Judges, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge RUSSELL and Judge TILLEY joined.

OPINION

NIEMEYER, Circuit Judge:

The issue presented in this case is whether debtors in a Maryland bankruptcy may exempt from their bankruptcy estate the proceeds of a structured settlement of their personal injury claims. Because Maryland has, pursuant to 11 U.S.C. § 522(b), opted out of the exemptions provided by the Bankruptcy...

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