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IN RE BUNKER

Nos. 01-2071, 01-2074.

312 F.3d 145 (2002)

In re Peter A. BUNKER; In re Michelina P. Bonanno, Debtors. Peter A. BUNKER; Michelina P. Bonanno, Plaintiffs-Appellees, v. Gordon P. PEYTON, Trustee, Defendant-Appellant. In re Joseph Michael Thomas; In re Myrtle Anne Thomas, Debtors. Joseph Michael Thomas; Myrtle Anne Thomas, Plaintiffs-Appellees, v. Gordon P. Peyton, Trustee, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 21, 2002.

Attorney(s) appearing for the Case

ARGUED: H. Bradley Evans, Jr., Redmon, Peyton & Braswell, L.L.P., Alexandria, Virginia, for Appellant. Robert Ross Weed, Robert Weed Law Offices, Alexandria, Virginia, for Appellees. ON BRIEF: Klinette H. Kindred, Robert Weed Law Offices, Alexandria, Virginia, for Appellees.

Before MICHAEL and MOTZ, Circuit Judges, and STAPLETON, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit, sitting by designation.

Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Senior Judge STAPLETON joined.

OPINION

MICHAEL, Circuit Judge.

Today we take up one aspect of the bedeviling issue in bankruptcy law of how to deal with property held by debtors as tenants by the entirety. We hold that when a husband and wife in Virginia file a joint Chapter 7 bankruptcy petition, and they have — apart from their mortgage...

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