In re Capelli

MEMORANDUM OPINION

PATRICK M. FLATLEY, Bankruptcy Judge.

Sara Capelli, a creditor, objects to Stephen Capelli (the “Debtor”) claiming as exempt property listed in 11 U.S.C. § 522(d) on the basis that he cannot claim such property as exempt because he owns certain property with her as a tenancy by the entirety, which is exemptible under 11 U.S.C. § 522(b)(3)(B). In her view, the Debtor’s purported ability to claim as exempt property listed in § 522(b)(3)(B) precludes him from exempting property listed in § 522(d).

For the reasons stated herein, the court will overrule Ms. Capelli’s Objection to…