In Re Miller

OPINION AND ORDER DISMISSING TRUSTEE’S OBJECTION TO EXEMPTION

WALTER J. KRASNIEWSKI, Bankruptcy Judge.

This matter is before the Court on Motions by Anthony Miller (“Debtor”) and Trustee Bruce French (“Trustee”) for summary judgment on the issue of whether Debtor may claim an exemption under Ohio Rev.Code § 2329.66(A)(1) in property in which his dependents reside. This Court finds that Debtor is entitled to a $5,000 exemption in property where his dependents reside under Ohio Rev.Code § 2329.-66.

FACTS

Debtor and his wife Mary Jo Miller (“MJM”) filed a joint petition in bankruptcy on November 23,…