Skip to main content

§ 522

McWhorter, In re

Ruling
Motion to avoid lien denied as foreclosure judgment did not convert consensual mortgage lien into a judicial lien. (Bankr. W.D. Okla.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of McWhorter, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on June 12, 2025 , LexisNexis #0825-061

Wills, In re

Ruling
Debtors avoided judicial lien as total encumbrances exceeded property value and impaired homestead exemption. (Bankr. D. Nev.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of Wills, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 27, 2025 , LexisNexis #0825-062

Wolfe, In re

Ruling
Debtor was entitled to her share of proceeds from sale of former marital home in which she claimed a valid homestead exemption. (Bankr. E.D. Wash.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions.

ABI Membership is required to access the full summary of Wolfe, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 22, 2025 , LexisNexis #0725-086

Hiefield, In re

Ruling
Action seeking interpretation of bankruptcy court lien avoidance order was not barred by claim preclusion. (Bankr. D. Or.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of Hiefield, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 20, 2025 , LexisNexis #0725-087

Uriostegui, In re--Uriostegui v. Dowling

Ruling
Homestead exemption allowed as fraud occurred before debtor acted in fiduciary capacity as trustee. (B.A.P. 9th Cir.)
Issue(s)
Exemptions; When Homestead May Not be Exempted; Property Acquired Post - petition; Securities Law Violations, Fiduciary Fraud or Criminal Acts Causing Personal Injury or Death.

ABI Membership is required to access the full summary of Uriostegui, In re--Uriostegui v. Dowling Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-038

Crosby, In re

Ruling
Exemption claims upheld as debtor held valid interest at time of filing despite later improper transfers. (Bankr. S.D. Ga.)
Issue(s)
Exemptions; Filing of List by Debtor.

ABI Membership is required to access the full summary of Crosby, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on April 22, 2025 , LexisNexis #0725-037

Romo, In re

Ruling
Debtors could claim increased state homestead exemption amount that had taken effect prior to the petition date. (Bankr. D.N.M.)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance.

ABI Membership is required to access the full summary of Romo, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 27, 2025 , LexisNexis #0425-085

Lyster, In re

Ruling
Debtor allowed homestead exemption including former spouses’ 50% community property interest acquired through divorce proceedings within 1,215 days prior to bankruptcy. (Bankr. N.D. Tex.)
Issue(s)
Exemptions; Limitation on Homestead Exemption; Applicability.

ABI Membership is required to access the full summary of Lyster, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on December 12, 2024 , LexisNexis #0225-064

Schoneboom, In re

Ruling
Debtor's claimed exemption in machinist tools denied as debtor was not working as a machinist at the time of filing and had not used the tools to generate income in at least 5 years. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law.

ABI Membership is required to access the full summary of Schoneboom, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on November 18, 2024 , LexisNexis #0225-012

Gonzales, In re

Ruling
Debtor's motion to avoid a judicial lien was granted, even without any evidence of the actual cost to fix the debtor's house repairs given the low fair market value of the property on the petition date. (Bankr. D.N.M.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of Gonzales, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on September 30, 2024 , LexisNexis #1224-059