United States Fourth Circuit

When a husband and wife in Virginia file a joint Chapter 7 petition and they have (apart from their mortgage lender} only individual creditors, they may exempt a home they own as tenants by the entirety to the extent of their equity, notwithstanding the joint administration or substantive consolidation of their individual bankruptcy estates.

Appellate Information

• Argued 04/04/2002
• Decided 11/21/2002
• Published 11/21/2002

Judges

• 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.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• 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.