- 11 U.S.C.
In re Haines
Apr
14
2015
Ruling
Exemption allowed in brokerage account held by debtor and non-debtor spouse as tenants by the entirety.
Issue(s)
If a couple has the choice of checking the "tenants by the entirety" box on an account application, but fails to do so, is that failure sufficiently strong evidence to overcome the presumption when a bankruptcy trustee objects to the debtor's exemption of that account as entireties property?
ABI Membership is required to access the full summary of In re Haines Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Capelli
Sep
29
2014
Ruling
Debtor could claim exemption in property owned by entireties with creditor.
Issue(s)
Was debtor barred from claiming an exemption in property owned with creditor in a tenancy by the entirety?
ABI Membership is required to access the full summary of In re Capelli Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Clark v. Rameker
Jun
12
2014
Ruling
Funds in an inherited individual IRA are not exempt "retirement funds."
Procedural posture
Prior to filing their Chapter 7 case, the debtor wife inherited an IRA from her mother. The debtor wife, who was the sole beneficiary on the account, elected to take monthly distributions from the account. In their subsequently filed Chapter 7 case, the d
ABI Membership is required to access the full summary of Clark v. Rameker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: U.S. Supreme Court
- 11 U.S.C.
In re Cline
May
30
2014
Ruling
Trustee's objection to debtor's claimed federal exemptions sustained.
Issue(s)
Could debtors claim federal exemptions or were they required to use state exemptions?
ABI Membership is required to access the full summary of In re Cline Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Jones v. Badami (In re Jones)
Mar
26
2014
Ruling
Debtor's interest in proceeds of mother's pension plan was not exempt.
Issue(s)
Whether a debtor's interest in the proceeds of a pension plan could be exempted from the debtor's bankruptcy estate.
ABI Membership is required to access the full summary of Jones v. Badami (In re Jones) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Running v. Miller (In re Miller)
Nov
04
2013
Ruling
Annuity qualified as exempt IRA.
Issue(s)
Did annuity qualify as an IRA so as to allow debtor to claim an exemption.
ABI Membership is required to access the full summary of Running v. Miller (In re Miller) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Clifton
Jul
19
2013
Ruling
Trustee ordered to pay proceeds of sale of entireties property to creditor bank.
Procedural posture
Chapter 7 trustee filed a report of sale proceeds and a motion for final disbursement. The debtor, the IRS, and a bank objected.
ABI Membership is required to access the full summary of In re Clifton Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Heffron-Clark
Apr
23
2013
Ruling
Inherited IRA was not "retirement funds" and was not exempt.
Procedural posture
In the bankruptcy proceeding initiated by bankruptcy debtor and her husband, a bankruptcy judge held that an inherited IRA did not represent retirement funds in the hands of the debtor and so was not exempt under 11 U.S.C.S. § 522(b)(3)(C) and (d)(12). A district judge of the United States District Court for the Western District of Wisconsin reversed. The bankruptcy trustee appealed.
ABI Membership is required to access the full summary of In re Heffron-Clark Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Keifert
Mar
22
2013
Ruling
Debtor domiciled in filing state for 730 days prior to petition date could not claim out of state exemptions based on periodic military service.
Procedural posture
The chapter 7 trustee objected to exemptions claimed by debtors under California law because, he asserted, debtors were domiciled in Missouri for the relevant time period and had to claim Missouri exemptions under 11 U.S.C.S. § 522(b)(3)(A).
ABI Membership is required to access the full summary of In re Keifert Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Springel v. Prosser (In re Prosser)
Feb
14
2013
Ruling
Exemptions claimed in two out of three properties disallowed on remand.
Procedural posture
Debtor declared chapter 7 bankruptcy and claimed that real property he owned in the U.S. Virgin Islands and in Florida was exempt from creditors' claims. Although the bankruptcy court disallowed the debtors' exemptions, the U.S. District Court for the United States Virgin Islands, Division of St. Thomas and St. John, reversed the bankruptcy court's ruling as to three tracts of land the debtor owned in the Virgin Islands, and remanded the case.
ABI Membership is required to access the full summary of Springel v. Prosser (In re Prosser) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: