Stornawaye Fin. Corp. v. Hill (In re Hill)
Apr
01
2009
Ruling
Debtor could claim homestead exemption in property voluntarily returned to the estate.
Procedural posture
Plaintiff sued defendant chapter 7 debtor, objecting to a claimed homestead exemption. The Bankruptcy Appellate Panel for the First Circuit disagreed with the lower court decision that capped the claimed exemption, holding that 11 U.S.C.S. § 522(g) was limited to property that the trustee recovered. Since the property at issue had been reconveyed by a creditor's action, § 522(g) did not apply. The creditor appealed.
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Court
:
Judge or Jurisdiction information not available