- 11 U.S.C.
In re Taber
Sep
12
2011
Ruling
Debtor entitled to exemption in IRAs inherited during chapter 13 case prior to conversion to chapter 7.
Procedural posture
A bankruptcy debtor claimed exemptions pursuant to 11 U.S.C.S. § 522(b)(3) in individual retirement accounts which the debtor inherited during her Chapter 13 case prior to conversion of the case to Chapter 7. The bankruptcy trustee objected to the exemptions.
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Court
:
- 11 U.S.C.
In re Chreky
Jul
25
2011
Ruling
Exemption in interest in LLC held by the entireties and created before creditors' claims arose allowed.
Procedural posture
Two judgment creditors, former employees of chapter 11 debtor's business, presented objections to the exemptions claimed by the debtor of his interests in a money market account, CDs, and CDARS accounts, and an interest in a limited liability company (LLC), as exempt under 11 U.S.C.S. § 522(b)(3)(B), on the basis that the accounts and LLC were held as tenancies by the entireties.
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Court
:
- 11 U.S.C.
In re Clark
May
10
2011
Ruling
Debtors not entitled to exemption in inherited IRA account.
Procedural posture
Chapter 7 debtors, a husband and wife, claimed an inherited IRA as exempt under Wis. Stat. § 815.18(3)(j) and 11 U.S.C.S. § 522(b)(3)(C). The trustee and judgment creditors objected to that claim.
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Court
:
- 11 U.S.C.
In re Bradby
Apr
11
2011
Ruling
Subsequent death of debtor's co-owner of property by the entireties did not change ownership status as of petition date or affect exemption.
Procedural posture
Chapter 13 trustee objected to an exemption claimed by the debtor.
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Court
:
- 11 U.S.C.
In re Welton
Mar
31
2011
Ruling
Florida homestead exemption disallowed where debtor's domicile had not been located in Florida for 730 days prior to petition date or 180 days before that.
Procedural posture
This case came before the court for a final evidentiary hearing to consider a creditor's Objection to the exemptions claimed by debtors in their chapter 7 case. The exemptions were claimed pursuant to the Florida Constitution and Fla. Stat. § 222.
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Court
:
- 11 U.S.C.
In re Schott
Mar
15
2011
Ruling
Objection to homestead exemptions sustained as to one noncontiguous parcel but overruled as to the second,
Procedural posture
Creditors objected to the debtor's claim of homestead exemption, sought pursuant to 11 U.S.C.S. § 522(b)(3)(A).
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Court
:
- 11 U.S.C.
In re George
Dec
20
2010
Ruling
Debtor who had not resided in filing state for 730 days and could not claim exemptions in state of former domicile could claim federal exemptions.
Procedural posture
A Chapter 7 Wisconsin debtor selected the federal exemptions to exempt her property. The trustee objected, claiming that she was limited to the Illinois state exemptions, under which one of her vehicles would not be exempt, arguing that the debtor had not lived in Wisconsin long enough to utilize the exemptions available to Wisconsin residents, and Illinois had opted out of the federal exemptions.
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Court
:
- 11 U.S.C.
In re Howlett
Oct
26
2010
Ruling
Debtor could not claim homestead exemption in home in which debtor neither resided nor held legal interest on petition date.
Procedural posture
A chapter 7 debtor claimed as her homestead under Or. Rev. Stat. § 18.395 a distribution from her deceased mother's revocable trust, which owned a home in Oregon. The trustee filed an objection to that claim of exemption and also filed an application to employ an accountant.
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Court
:
- 11 U.S.C.
In re Antoine
Apr
30
2010
Ruling
Debtor could not exempt interest in jointly owned mobile home.
Procedural posture
The debtor claimed an exemption in a mobile home pursuant to 11 U.S.C.S. § 522(b)(3)(B), the trustee filed an objection to the exemption.
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Court
:
- 11 U.S.C.
In re Harrod
Jan
22
2010
Ruling
Trustee's objection to debtor's claimed homestead exemption in mobile home overruled.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code, and claimed that a mobile home she occupied was her homestead. A trustee for a trust that was involved in litigation with the debtor in state court filed an objection to the debtor's claim. After the trustee filed his objection, the debtor amended her Schedule C to show that she claimed a homestead exemption in the mobile home under Mont. Code Ann. §§ 70-32-201 et seq. and 31-2-106.
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Court
: