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§ 522

DeMarco, In re

Ruling
Debtor's state homestead exemption claim was denied as the debtor was not a United Statesresident on the petition date. (Bankr. E.D.N.Y.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions.

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Consumer opinion summary, case decided on May 17, 2024 , LexisNexis #0724-056

Tepe, In re

Ruling
Judicial lien was subject to avoidance but debtor’s homestead exemption was limited to thevalue of the debtor’s inchoate dower interest in the property. (Bankr. S.D. Ohio)
Issue(s)
Exemptions; Liens Impairing Exempt Property; Avoidance; Judicial Liens.

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Consumer opinion summary, case decided on April 15, 2024 , LexisNexis #0624-035

Zavalza, In re

Ruling
Debtor was only entitled to partially avoid a judgment lien as consideration of liquidationcosts in the calculation of her homestead exemption was not warranted. (Bankr. N.D. Ill.)
Issue(s)
Exemptions.

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Consumer opinion summary, case decided on April 11, 2024 , LexisNexis #0624-057

Killings, In re--Killings v. Huntington Nat'l Bank

Ruling
Transfer at issue was the bank mortgage and as the debtor voluntarily executed the mortgagewith the bank, he could not avoid the lien. (Bankr. S.D. Ohio)
Issue(s)
Exemptions; Avoidance of Certain Transfers by Debtor.

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Consumer opinion summary, case decided on April 08, 2024 , LexisNexis #0624-060

Milton, In re

Ruling
Trustee failed to demonstrate that debtor's claimed federal homestead exemption wasimproper and thus the court overruled the trustee's objection. (Bankr. D. Conn.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Consumer opinion summary, case decided on April 04, 2024 , LexisNexis #0624-058

Rojas, In re

Ruling
Debtor failed to establish a valid basis to void the lien held by his former spouse as there wasno evidence that real property was the debtor's residence when he filed for bankruptcy. (Bankr.E.D.N.Y.)
Issue(s)
Exemptions; Liens Impairing Exempt Property.

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Consumer opinion summary, case decided on April 03, 2024 , LexisNexis #0624-059

Johns, In re

Ruling
Debtor's IRA lost its tax-exempt status and thus did not qualify as exempt as the IRA did notsubstantially comply with the Internal Revenue Code because of the prohibited transactions.(Bankr. N.D. Tex.)
Issue(s)
Exemptions; Types of Exempt Property; Retirement Funds.

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Consumer opinion summary, case decided on March 26, 2024 , LexisNexis #0524-062

Sherrod, In re

Ruling
Debtor's interest in the pension plan was not property of the estate and was not required to beexempted. (Bankr. D.S.C.)
Issue(s)
Exemptions; Choice Between Federal and State Law.

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:
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 14, 2024 , LexisNexis #0524-034

Ponte, In re

Ruling
Debtor's inherited IRA did not qualify for exemption as debtor was unable to make anycontributions to the IRA. (Bankr. N.D. Cal.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;

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Consumer opinion summary, case decided on February 02, 2024 , LexisNexis #0324-082

Ryan, In re

Ruling
Bankruptcy Code does not preempt the provision in the Texas homestead exemption statutepreventing its application to out-of-state properties. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions.

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Consumer opinion summary, case decided on January 31, 2024 , LexisNexis #0324-081