Zebley v. Olexa (In Re Olexa)

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Debtor Arlene O’Lexa has taken an exemption pursuant to § 522(b)(2)(B) of the Bankruptcy Code in her personal residence. She and husband, who is not a debtor -in bankruptcy, own the property as tenants by the entirety.

Claiming that the property is not “immune from process” for purposes of § 522(b)(2)(B), the chapter 7 trustee has objected to the exemption. Because all of the debts listed on the bankruptcy schedules were incurred for “necessaries” for purposes of 23 Pa. C.S.A. § 4102, the trustee maintains that any of debtor’s pre-petition…