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§ 522(b)(1)

Sievert, In re

Oct
27
2021
Ruling
Trustee's objection to debtor's amended exemption in personal injury award sustained. (Bankr.W.D. Wis.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Election by Debtor.

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Consumer opinion summary, case decided on October 27, 2021 , LexisNexis #1221-060
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In re Reeves

Nov
26
2014
Ruling
State law exemptions allowed where trustee did not file timely objection.
Issue(s)
Whether the bankruptcy court's prior order approving a personal injury settlement and authorizing certain disbursements from that settlement, including $15,000 to the debtors in payment of their personal bodily injury exemption under state law, precluded the debtors under the principles of res judicata and collateral estoppel from claiming additional exemptions?

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Consumer opinion summary, case decided on November 26, 2014 , LexisNexis #1214-116
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In re Holt

Sep
12
2013
Ruling
Debtor could not claim state exemptions in note payable to LLC rather than in distributional interests in LLC.
Issue(s)
Could debtors claim state exemptions in note payable to LLC of which each had held a 50 percent interest and still had distributional interests.

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Consumer opinion summary, case decided on September 12, 2013 , LexisNexis #1013-010
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In re Tracy Broad. Corp.

Oct
16
2012
Ruling
Federal Communications Act did not prevent debtor from granting security interest in broadcasting license.
Procedural posture

Appellant judgment creditor filed an adversary action in bankruptcy court to determine the extent of appellee bank's security interest in a chapter 11 debtor's federal broadcasting licence. The bankruptcy court found that the bank had no priority in proceeds of the sale of the license. The United States District Court for the District of Colorado affirmed. The creditor appealed.

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 16, 2012 , LexisNexis #1112-011
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In re Marriott

Apr
26
2010
Ruling
Debtor entitled to state homestead exemption in proceeds of sale where equitable tolling applied to one-year reinstatement requirement.
Procedural posture

A chapter 7 debtor claimed the proceeds from the sale of his marital homestead as exempt under Idaho Code Ann. §§ 55-1008 and 11-604(1)(b). The trustee objected to the debtor's claim.

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Consumer opinion summary, case decided on April 26, 2010 , LexisNexis #0710-114
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In re Grimmett

Mar
24
2010
Ruling
Debtor entitled to state exemption for reasonably necessary alimony payments.
Procedural posture

A chapter 7 debtor claimed an exemption in certain payments that she was entitled to receive under an agreement with her former spouse as alimony under Idaho Code Ann. § 11- 604(1). A trustee objected to the exemption claim.

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Consumer opinion summary, case decided on March 24, 2010 , LexisNexis #0710-012
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Sheehan v. Peveich

Jul
24
2009
Ruling
State exemption scheme could not violate Supremacy Clause given specific authorization by the Bankruptcy Code.
Procedural posture

In eight consolidated cases, appellant trustee sought review of decisions of the Bankruptcy Court for the Northern District of West Virginia, which overruled the trustee's objections and allowed exemptions claimed by debtors pursuant to W. Va. Code § 38-10-4. The trustee had objected to these claims of exemption, arguing that § 38-10-4 was preempted by federal law.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 24, 2009 , LexisNexis #0809-118
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Young v. Camelot Homes Inc. (In re Young)

Jul
02
2008
Ruling
Bifurcation of claims secured by storage facility, residence and vehicles into secured and unsecured claims granted.
Procedural posture

Plaintiff bankruptcy debtors, a husband and his wife, had separate chapter 13 cases under joint administration. The debtors brought an adversary proceeding against defendant judgment creditor seeking to bifurcate the creditor's claim into secured and unsecured claims and to avoid the creditor's judgment lien on exempt property. The debtors moved for summary judgment.

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Consumer opinion summary, case decided on July 02, 2008 , LexisNexis #0908-048
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