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Rupp v. Elmasri (In re Elmasri)

Rupp v. Elmasri (In re Elmasri)

Ruling
Trustee could pay off liens with proceeds of sale of homestead even if impairment of exemption resulted.
Procedural posture

After debtor filed a chapter 7 petition, plaintiff, who was his ex-wife, and intervenor, a former law guardian appointed in connection with debtor's state court matrimonial action, sought payment of judgments against debtor from $50,000 that constituted debtor's homestead exemption under state law and was expected as proceeds from the sale of his residence. The status of such claims under 11 U.S.C. § 522(c) was at issue.

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opinion summary, case decided on May 24, 2007 , LexisNexis #0707-024