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NATIONSBANK v. STINE

No. 3, September Term, 2001.

839 A.2d 727 (2003)

379 Md. 76

BANK OF AMERICA f/k/a/ Nationsbank v. Kenneth W. STINE.

Court of Appeals of Maryland.

December 30, 2003.

Attorney(s) appearing for the Case

Ronald S. Canter (Harry K. Wolpoff, Wolpoff & Abramson, L.L.P., on brief), Rockville, for appellant.

Mark F. Scurti (Scurti and Gulling, P.A., Robert Neil Grossbart, David A. Rosenberg, Robert A. Grossbart, P.A., on brief), Baltimore, for appellee.

Argued before BELL, C.J., and ELDRIDGE, RAKER, WILNER, CATHELL, HARRELL and BATTAGLIA, JJ.

BELL, C.J.

I.

The limited issue that has been certified to this court by the United States Circuit Court of Appeals for the Fourth Circuit, and which we must answer, is whether, when a garnishment is avoided as a preferential transfer, a debtor in bankruptcy, pursuant to Maryland Code (1973, 1998 Replacement Volume), § 11-504 of the Courts and Judicial Proceedings Article ("Courts"), may claim as exempt from...

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