- 11 U.S.C.
In re Scioli
Jan
28
2013
Ruling
Trustee's objection to claimed exemption of three vehicles sustained as not held by debtor and non-debtor spouse as tenants by the entirety.
Procedural posture
A chapter 7 trustee filed an objection pursuant to Fed. R. Bankr. P. 4003(b) to a debtor's claim of exemption of three vehicles under 11 U.S.C.S. § 522(b)(3)(B) on the grounds that the vehicles were not held by the debtor and his non-debtor wife as tenants by the entirety.
ABI Membership is required to access the full summary of In re Scioli 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 Shahegh
Jan
28
2013
Ruling
Objection to exemption of vehicle that was not entireties property sustained.
Procedural posture
Chapter 7 trustee objected to the debtor's claimed exemption of a vehicle pursuant to 11 U.S.C.S. § 522(b)(3)(B).
ABI Membership is required to access the full summary of In re Shahegh 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 Ascuntar
Jan
02
2013
Ruling
Postpetition joint tax refund to debtor and non-debtor spouse was not held by the entireties and was not exempt.
Procedural posture
Before the court in debtor's chapter 7 case was the Trustee's Amended Objection to Exemptions.
ABI Membership is required to access the full summary of In re Ascuntar 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 Stephenson
Oct
04
2012
Ruling
Debtor's interest in non-entireties joint accounts were not exempt.
Procedural posture
This matter came before the court on a creditor's objection to debtor's claim of exemptions. An evidentiary hearing was held.
ABI Membership is required to access the full summary of In re Stephenson 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 Shell
Aug
14
2012
Ruling
Debtor who resided in an "opt out" state for majority of 180 day period before 730 day prepetition period could not elect federal exemptions.
Procedural posture
Chapter 7 trustee objected to the exemptions claimed by debtor.
ABI Membership is required to access the full summary of In re Shell 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 Helm
May
09
2012
Ruling
Objection to 50 percent exemption claimed by debtor in properties owned by entireties with non-debtor spouse sustained.
Procedural posture
Chapter 7 debtor and creditors filed objections to exemptions claimed by the debtor under 11 U.S.C.S. § 522(b)(3)(B). The trustee filed a motion for turnover of property held by the debtor and non-debtor spouse.
ABI Membership is required to access the full summary of In re Helm 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 Footen
Feb
29
2012
Ruling
Debtors who were ineligible for exemptions in current or former home state could claim federal exemptions.
Procedural posture
This matter came before the court on the trustee's objection to debtors' claimed exemptions.
ABI Membership is required to access the full summary of In re Footen Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Mullen v. Hamlin (Hamlin)
Feb
21
2012
Ruling
Exemption in IRA inherited prepetition from non-spouse properly disallowed.
Procedural posture
Appellant chapter 7 trustee sought review of an order from the bankruptcy court for the district of Arizona, which allowed debtors' claimed exemption under 11 U.S.C.S. § 522(b)(3)(C) for an individual retirement account (IRA) inherited from her grandmother pre-petition, via a trustee-to-trustee transfer.
ABI Membership is required to access the full summary of Mullen v. Hamlin (Hamlin) 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 Daley
Oct
11
2011
Ruling
Funds in IRA involved in prohibited transaction were not exempt.
Procedural posture
Debtor filed a petition under Chapter 7 of the Bankruptcy Code, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed an objection to the debtor's claim that $61,646 he had in an individual retirement account ("IRA") was exempt from creditors' claims under Tenn. Code Ann. § 26-2-105(b) and 11 U.S.C.S. § 522(b)(3)(C).
ABI Membership is required to access the full summary of In re Daley 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 Garvey
Sep
28
2011
Ruling
Funding source did not affect debtor's IRA exemption.
Procedural posture
A bankruptcy debtor claimed exemptions in tax-exempt individual retirement accounts (IRAs) pursuant to 11 U.S.C.S. § 522(b)(3)(C), the bankruptcy trustee objected to the exemptions.
ABI Membership is required to access the full summary of In re Garvey Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: