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§ 522(b)(2)(B)

In re Holland

Sep
03
2009
Ruling
Debtor's real property was protected by exemption applicable in state where property was located.
Procedural posture

Debtor filed a petition under chapter 7 of the Bankruptcy Code on October 15, 2005, and the bankruptcy court sustained a chapter 7 trustee's objection to the debtor's claim that real property she owned in Florida was exempt under former 11 U.S.C.S. § 522(b)(2)(B) (now 11 U.S.C.S. § 522(b)(3)(B)). The U.S. District Court for the Northern District of Illinois reversed the bankruptcy court's judgment and remanded the case.

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Consumer opinion summary, case decided on September 03, 2009 , LexisNexis #1009-136
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Logan v. Williams (In re Williams)

Mar
17
2008
Ruling
Debtor's separated but not divorced from non-debtor spouse with no joint creditors entitled to exemption for home owned by the entireties.
Procedural posture

Plaintiff chapter 7 trustee filed an objection to exemptions claimed by defendant chapter 7 debtor. The trustee and defendants, including the debtor's former wife, filed cross- motions for summary judgment in the trustee's complaint for avoidance of lien, turnover of property, and damages.

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Consumer opinion summary, case decided on March 17, 2008 , LexisNexis #0408-132
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In re Guzior

Aug
07
2006
Ruling
Debtor could not claim exemption in entireties property where state law allowed joint creditors to reach entireties interests.
Procedural posture

The chapter 7 trustee objected to a tenancy by the entireties property exemption claimed by debtor pursuant to 11 U.S.C. § 522(b)(2)(B).

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opinion summary, case decided on August 07, 2006 , LexisNexis #0906-019
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In re Weber

Jun
29
2006
Ruling
Court overruled trustee's objections and determined that debtor's exemption in property was presumed to be valid.
Procedural posture

The debtor claimed as an exemption to her chapter 7 bankruptcy estate her interest in her residence pursuant to former 11 U.S.C. § 522(b)(2)(B). Objector, the chapter 7 trustee, took issue with the exemption.

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opinion summary, case decided on June 29, 2006 , LexisNexis #0706-088
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In re Balthrop

Nov
28
2005
Ruling
Debtors'chapter 13 plan was confirmed since the plan met the best interests of the creditor test, the debtors could exempt the marital residence, and the creditor did not show a medical emergency exception to this exemption.
Procedural posture

Chapter 13 trustee filed an objection to confirmation of debtors'plan, which objection was joined by creditor, claiming that the plan did not comply with 11 U.S.C. § 1325(a)(4).

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opinion summary, case decided on November 28, 2005 , LexisNexis #0306-018
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