- 11 U.S.C.
Egizii, In re
Aug
09
2021
Ruling
Debtor's claim of exemption in a residential condominium was allowed as he held title withhis wife as tenants by the entirety, and controlling state law protected the property fromclaims by the creditors of only one of the spouses. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Egizii, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wheatley, In re
Jul
29
2021
Ruling
Debtor who lived in Illinois but also owned a condominium in Michigan with his wife couldclaim an exemption in the Michigan property as the phrase "applicable nonbankruptcy law" in§ 522(b)(3)(B) is not limited to the law of debtor's domicile state. (Bankr. N.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Wheatley, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Whitten, In re
Mar
01
2021
Ruling
Language “with rights of survivorship” in deed did not automatically defeat debtor's claim ofexemption as a right of survivorship was an element of a tenancy by the entirety. (Bankr. M.D.Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Whitten, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Skelton, In re
Dec
16
2020
Ruling
Debtor's motion to avoid judgment lien conditionally granted because creditor's lien didimpair a homestead exemption to which the debtor was entitled. (Bankr. N.D. Miss.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Skelton, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Givans, In re
Sep
30
2020
Ruling
Entireties property transferred to a trust could not be exempted from claims of creditors.(Bankr. M.D. Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Givans, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Freed, In re
Apr
24
2020
Ruling
Debtor could not claim homestead exemption since the mortgage specifically allowed for thehomestead to be liable for the debts. (Bankr. N.D. Iowa)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Freed, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Cline, In re--Helber v. Cline
Apr
01
2020
Ruling
Chapter 7 trustee's motion to compel turnover of proceeds from debtors' pre-petition sale oftheir residence was denied as trustee failed to make a timely objection to the exemptionclaimed by debtors. (Bankr. N.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Cline, In re--Helber v. Cline Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Wallwork, In re
Feb
20
2020
Ruling
Trustee's objection to debtor’s Idaho homestead exemption sustained where debtor wasrequired to claim Maryland exemptions. (Bankr. D. Idaho)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Wallwork, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
DiStefano, In re
Sep
30
2019
Ruling
Bad faith is not grounds for denial of an exemption in debtor’s property. (Bankr. N.D.N.Y.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of DiStefano, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Collins, In re
Mar
27
2019
Ruling
Trustee failed to overcome state's presumption that trailer was owned in tenancy by theentirety as debtor and his wife had identical and complete interest in the trailer. (Bankr. M.D.Fla.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
ABI Membership is required to access the full summary of Collins, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: