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Legal Opinion

Birney v. Smith (In Re Birney)

Court of Appeals for the Fourth Circuit

Decided December 29, 1999No. 98-2479PublishedCited by 13 opinions

1Opinion of the Court

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge NIEMEYER and Judge TRAXLER joined.

OPINION

MURNAGHAN, Circuit Judge:

This case concerns the bankruptcy proceedings of Benjamin Birney and the at tempt by Lawrence Smith, a judgment creditor, to exercise a lien on real property owned by Birney originally as tenants by the entireties with his now deceased wife in Cecil County, Maryland. The Bankruptcy Court and the District Court found that Smith could not reach the property either directly through Birney or indirectly through Birney’s bankruptcy estate. For the…

2Cases cited6 opinions

  1. Bonczkowski v. KucharskiIllinois Supreme Court · 1958
  2. In Re Beverly B. Cordova, Debtor. Beverly B. Cordova v. Robert G. Mayer, TrusteeCourt of Appeals for the Fourth Circuit · 1996
  3. Watterson v. EdgerlyCourt of Special Appeals of Maryland · 1978
  4. Cooper v. BikleCourt of Appeals of Maryland · 1994
  5. In Re AldertonUnited States Bankruptcy Court, E.D. Michigan · 1995

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Hunter v. Citifinancial, Inc. (In Re Hunter)United States Bankruptcy Court, E.D. Virginia · 2002
  2. In Re BennerUnited States Bankruptcy Court, W.D. Virginia · 2000
  3. In Re ThomasUnited States Bankruptcy Court, E.D. Virginia · 2001
  4. In re HamacherUnited States Bankruptcy Court, E.D. Michigan · 2015
  5. In Re BradbyUnited States Bankruptcy Court, E.D. Virginia · 2011

8 more not listed; retrieve them via the Exa API.

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