United States Fourth Circuit

The bankruptcy court correctly determined that it lacked authority to strip off the debtor’s valueless lien against certain real property that a debtor owned with his non-debtor spouse as tenants by the entireties, where: 1) only the debtor's interest in the estate, rather than the complete entireties estate, was before the bankruptcy court; and 2) statutory provisions authorizing a strip off, and applicable Maryland property law, do not permit a bankruptcy court to alter a non-debtor’s interest in property held in a tenancy by the entirety.

Appellate Information

• Decided 10/23/2013
• Published 10/23/2013

Judges

• KEENAN

Court

• United States Fourth Circuit

Counsel