DONALD F. KING (VSB NO. 23125) 

Counsel for Trustee 

ODIN FELDMAN & PITTLEMAN PC 

1775 Wiehle Avenue, Suite 400 

Reston, Virginia 20190 

Direct: 703-218-2116 

Fax: 703-218-2160 

E-Mail: DONKING@ofplaw.com

UNITED STATES BANKRUPTCY COURT 

FOR THE EASTERN DISTRICT OF VIRGINIA 

Alexandria Division 

In re: *

* 

KIM-OANH RIFE * Case No. 19-13910-KHK 

 * Chapter 7 

 * 

Debtors. * 

TRUSTEE’S OBJECTION TO EXEMPTION 

Donald F. King, the Chapter 7 trustee in the above captioned case ("Trustee"), by 

counsel, files this objection to exemptions claimed by Kim-Oanh Rife (“Debtor”), and, in 

support thereof, states as follows: 

1. The Trustee is the duly qualified and acting Chapter 7 trustee for this estate. 

2. The Debtor owns as tenants by the entirety certain real property located at 

15012 Gaffney Circle, Gainesville, Virginia (the “Property”). According to the Debtor’s 

Schedule F, the Debtor has approximately $75,537.47 of joint priority unsecured debt. 

3. The Trustee requested credit bureau reports (“Credit Reports”) for the 

Debtor and the Debtor’s spouse at the meeting of creditors held on December 23, 2019, for 

the purpose of confirming whether any other joint debts existed. To date, the Trustee has 

not received the Credit Reports. 

4. Pursuant to the Debtor’s Schedule C, the Debtor claims an exemption in the 

Property in the amount of $207,500.00 based upon 11 U.S.C. § 522(b)(3)(B). Section 

522(b)(3)(B) does not allow for an exemption in the amount of $207,500.00 or any other 

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specific dollar amount. Rather, § 522(b)(3)(B) stands for the proposition that, under the 

Bankruptcy Code, property owned by a husband and wife as tenants by the entirety is 

exempt from individual claims against either the husband or the wife if applicable state law 

provides for such an exemption. 

4. In this case, the applicable law is Virginia. Under Virginia law, property 

owned by a husband and wife as tenants by the entirety is protected from the claims of 

individual (as opposed to joint) creditors. In this case, however, the Debtor is not entitled to 

an exemption if joint debts exist. Accordingly, the Debtor’s exemption is improper and not 

authorized by law. 

WHEREFORE, Donald F. King, Trustee, by counsel, requests that this Court enter 

an order: (i) disallowing the Debtor’s exemption in the amount of $207,500.00 based upon 

11 U.S.C. § 522(b)(3)(B), (ii) disallowing the Debtor’s exemption of the Property under 

§ 522(b)(3)(B) and applicable Virginia law as to any joint debts, and (iii) for such other and 

further relief as this Court deems just and proper. 

Respectfully Submitted, 

DONALD F. KING, TRUSTEE 

By Counsel 

By: /s/ Donald F. King 

Donald F. King (VSB No. 23125) 

 Counsel for Trustee 

 ODIN FELDMAN & PITTLEMAN PC 

 1775 Wiehle Avenue, Suite 400 

 Reston, Virginia 20190 

 Phone: 703-218-2116 

 Fax: 703-218-2160 

 Email: donking@ofplaw.com 

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CERTIFICATE OF SERVICE

 The undersigned certifies that this Objection was served on January 22, 2020, upon 

all registered users pursuant to this Court’s CM/ECF procedures. 

 /s/ Donald F. King

 Donald F. King 

 #4520894v1 31070/00001 

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