Skip to main content

§ 522

Toro, In re

Ruling
Debtor could not reduce her homestead exemption as the residential property had been abandoned and was no longer property of the estate or under the administration of the trustee. (Bankr. D.P.R.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

ABI Membership is required to access the full summary of Toro, 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 12, 2024 , LexisNexis #1124-056

Jacobs, In re

Ruling
Solo 401k adopted by company and covering the debtor as its sole owner and participant was exempt. (Bankr. N.D. Okla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

ABI Membership is required to access the full summary of Jacobs, 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 August 29, 2024 , LexisNexis #1124-038

Gonzalez, In re

Ruling
Debtor's motion to avoid a judicial lien failed to show how it calculated the amount of the judgment determining the value of lien to be avoided. (Bankr. W.D. Tex.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of Gonzalez, 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 August 26, 2024 , LexisNexis #1124-008

Jencks, In re--Jencks v. AgVantage FS

Ruling
Debtors could not avoid a judicial lien on alleged homestead property due to their failure to disclose their purchase of and residence in a new property shortly before the petition date resulting in abandonment of the homestead exemption in the liened property. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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

Consumer opinion summary, case decided on August 26, 2024 , LexisNexis #1124-009

Masingale, In re--Munding v. Masingale

Ruling
Debtors' homestead exemption was limited to the statutory cap and the remaining proceedsfrom the sale of the home were part of the bankruptcy estate. (9th Cir.)
Issue(s)
Exemptions; Choice Between Federal and State Law.

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

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 26, 2024 , LexisNexis #0924-087

Tait, In re

Ruling
State court did not enter a judgment that would give rise to an avoidable judicial lien on realestate. (Bankr. W.D. Ark.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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

opinion summary, case decided on July 23, 2024 , LexisNexis #0924-060

Bergman, In re

Ruling
Debtors were not prohibited from using the 100% fair market value check box when claimingexemption, provided the trustee could determine the amount of the exemption claimed fromSchedule C and the applicable statute. (Bankr. D. Neb.)
Issue(s)
Exemptions; Types of Exempt Property.

ABI Membership is required to access the full summary of Bergman, 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 July 18, 2024 , LexisNexis #0924-088

Henneman, In re

Ruling
Court held judicial lien that impaired the debtor's homestead exemption could be avoided.(Bankr. N.D. Ohio)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of Henneman, 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 July 16, 2024 , LexisNexis #0924-059

Ingram, In re

Ruling
Court overruled late objections to debtors' exemptions by class action creditors absentshowing of actual fraudulent intent. (Bankr. D.S.C.)
Issue(s)
Exemptions.

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

:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on May 24, 2024 , LexisNexis #0824-011

Guzman, In re

Ruling
Court granted motion to avoid lien with immediate effect, declining to impose extra-statutoryconditions on lien avoidance. (Bankr. D. Colo.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

ABI Membership is required to access the full summary of Guzman, 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 24, 2024 , LexisNexis #0824-012