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Court Locations

6500 Cherrywood Ln - Greenbelt, MD 20770 - Main Tel: 301-344-8018 map
101 W Lombard St Room 8530 - Baltimore, MD 21201 - Main Tel: 410-962-2688

Cross motions for summary judgment filed to the Chapter 7 trustee’s complaint to avoid lien, turnover property and damages, as well as objection to debtor’s use of tenancy by the entirety exemption. Debtor was separated from wife but not divorced until 197 days after petition date. Issues presented were whether the trustee’s objections were timely and meritorious, and whether the tenancy was severed by the divorce or by any property settlement agreement. Held, the objection filed was not timely because objections to exemptions must be filed within 30 days of the conclusion of the last meeting of creditors, which the trustee unreasonably delayed, as determined on a case-by-case basis. The trustee’s objection was without merit. Entireties property is exempt from collection if there are no joint creditors and can only become part of the debtor’s bankruptcy estate if the divorce settlement occurs within 180 days of the petition date.

James F. Schneider