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IN RE OLEXA

No. 04-20181 BM.

317 B.R. 290 (2004)

In re Arlene P. OLEXA, Debtor. Charles O. Zebley Jr., Esq., Trustee, Movant, v. Arlene P. Olexa, Respondent.

United States Bankruptcy Court, W.D. Pennsylvania.

November 17, 2004.

Attorney(s) appearing for the Case

Charles O. Zebley Jr., Uniontown, PA, Pro se.

Dennis J. Spyra, Pittsburgh, PA, for Debtor/Respondent.

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Debtor Arlene O'Lexa has taken an exemption pursuant to § 522(b)(2)(B) of the Bankruptcy Code in her personal residence. She and husband, who is not a debtor in bankruptcy, own the property as tenants by the entirety.

Claiming that the property is not "immune from process" for purposes of § 522(b)(2)(B), the chapter 7 trustee has objected to the exemption. Because all of the...

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