IN RE McNEILLY

No. RI 99-106.

249 B.R. 576 (2000)

In re Warren McNEILLY, Jr., Debtor. Warren McNeilly, Jr., Appellant, v. Louis A. Geremia, Chapter 7 Trustee and Revolution Portfolio LLC, Appellees.

United States Bankruptcy Appellate Panel of the First Circuit.

June 21, 2000.


Attorney(s) appearing for the Case

Peter G. Berman and Raskin & Berman, for the Appellant.

Lisa A. Geremia and Geremia & DeMarco, for appellee Louis A. Geremia and Donn A. Randall, Gretchen A. Althoff and Sally & Fitch, for Appellee Revolution Portfolio LLC.

Before GOODMAN, HAINES and FEENEY, U.S. Bankruptcy Judges.


HAINES, Bankruptcy Judge.

Chapter 7 debtor Warren McNeilly, Jr., appeals the bankruptcy court's order sustaining Trustee Louis Geremia's objection to his claim of exemption in tenancy by the entirety property, namely a Vermont bank account holding $29,991.55. For the reasons set forth below, we reverse.

Background

McNeilly filed a voluntary Chapter 7 petition on August 17, 1999. In his amended schedules he claimed exemptions under...

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