Raskin v. Susquehanna Bank (In re Raskin)

MEMORANDUM OPINION IN SUPPORT OF ORDER AVOIDING JOINT LIEN AS TO ONLY THE DEBTOR’S AGGREGATE INTEREST IN REAL PROPERTY OWNED BY THE ENTIRETIES

ROBERT A. GORDON, Bankruptcy Judge.

I. Introduction

An apparent collision between the intent of the relatively new Maryland Homestead Exemption statute and the venerable com*686mon law form of ownership known as tenants by the entireties supplies the dramatic tension that fuels this case’s plot. The tough question presented is whether Leonard Raskin, a single-filing debtor, may use the combined force of 11 U.S.C. § 522(f) and § ll-504(f) of the Annotated Code…