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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

Chapter 7 trustee and creditor objected to the debtor’s exemption of rings given to her after marriage by the non-filing spouse. Debtor claimed the rings were held as tenants by the entireties and that the full value of $8,000 was exempt. The objections to debtor’s exemptions were sustained. HELD: 1) property held by the entireties is not subject to the claims of individual creditors; 2) tenancy by the entireties may be created in personalty; 3) one spouse may make a gift of personal property to the other, even if the property was purchased from assets held jointly by both parties as husband and wife; and 4) presumption of tenancy by the entireties in marital household goods is not present where rings were for the exclusive use of wife by gift, even when purchased from marital funds.

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James F. Schneider