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IN RE BIRNEY

No. 98-2479.

200 F.3d 225 (1999)

In re Benjamin W. BIRNEY, Debtor. Benjamin W. Birney, Plaintiff-Appellee, v. Lawrence K. Smith, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 29, 1999.

Attorney(s) appearing for the Case

ARGUED: David Foxwell Albright, Sr., Albright, Brown & Goertemiller, L.L.C., Baltimore, Maryland, for Appellant. Andrea Goodwin Green, UAW Legal Services Plan, Newark, Delaware, for Appellee. ON BRIEF: Edward D.E. Rollins, III, Elkton, Maryland, for Appellant.

Before MURNAGHAN, NIEMEYER, and TRAXLER, Circuit Judges.

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Judge TRAXLER joined.

OPINION

MURNAGHAN, Circuit Judge:

This case concerns the bankruptcy proceedings of Benjamin Birney and the attempt by Lawrence Smith, a judgment creditor, to exercise a lien on real property owned by Birney originally as tenants by the entireties with his now deceased wife in Cecil County,...

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