- 11 U.S.C.
In re Bingham
Jan
18
2008
Ruling
Debtor who did not meet residency requirement could not claim state homestead exemption.
Procedural posture
The chapter 7 trustee filed an objection to the debtor's claim of a homestead exemption under Kansas law, asserting that the debtor had not been domiciled in Kansas for the 730 days (2 years) prior to her filing a bankruptcy petition.
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Court
:
- 11 U.S.C.
In re Caudill
Oct
25
2007
Ruling
Avoidance of lien as impairing debtor's homestead exemption granted where creditor's objection was untimely.
Procedural posture
Debtor, an individual who filed a chapter 7 case, moved for an order avoiding a judgment lien on her homestead that was asserted by claimant, a lienholder, who had objected to avoidance of the lien on the ground that the property was not an exempt homestead by reason of debtor's alleged abandonment thereof. At issue, inter alia, was whether the lien impaired debtor's exemptions under state law and 11 U.S.C. 522(b)(3).
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Court
:
- 11 U.S.C.
In re Adams
Sep
11
2007
Ruling
Debtors who formerly resided in Florida could not claim Florida homestead exemption in property located in another state where they now resided.
Procedural posture
Bankruptcy debtors claimed a Florida homestead exemption in property located in another state where the debtors now resided, asserting that Florida's exemption laws applied under 11 U.S.C. § 522(b)(3)(A) based on their prior residence in Florida. The trustee objected to the claimed exemption.
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Court
:
- 11 U.S.C.
Drummond v. Urban (In re Urban)
Aug
29
2007
Ruling
Debtor who recently moved could also claim exemptions of prior domicile state and was not required to make federal exemptions.
Procedural posture
Appellant, the chapter 13 trustee, challenged a final order of the Bankruptcy Court for the District of Montana, that rejected the trustee's challenge to the constitutionality of 11 U.S.C. § 522(b)(3) on uniformity grounds, and overruling the trustee's objection to the debtor's claimed exemptions based on California law, where the case was filed in Montana.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Holland v. Safanda (In re Holland)
Mar
30
2007
Ruling
Bankruptcy court erred in denying Illinois debtor's exemption in Florida property owned by the entirety with spouse.
Procedural posture
Debtor in a chapter 7 bankruptcy appealed from a final order of the bankruptcy court upholding the trustee's objection to an exemption the debtor claimed for real property in Florida.
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Court
:
- 11 U.S.C.
In re Urban
Jan
31
2007
Ruling
Bankruptcy Code exemption scheme did not violate uniformity requirements of the U.S. Consitution.
Procedural posture
Chapter 13 trustee filed a motion for a certification of unconstitutionality, claiming that 11 U.S.C. § 522(b)(3) violated the uniformity requirement found in U.S. Const. art. 1, § 8, Cl. 4.
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Court
:
- 11 U.S.C.
In re Schwarz
Jan
26
2007
Ruling
Property owned in tenancy by the entireties which was exempt from process under state law was also entitled to bankrupty exemption.
Procedural posture
A chapter 7 trustee filed an objection after a chapter 7 debtor claimed a homestead exemption in his Florida home, which he owned as a tenant by the entireties with his wife. The trustee argued that, pursuant to 11 U.S.C. § 522(b)(3)(A), Maryland law, rather than Florida law, determined the homestead exemption that the debtor could claim and that he could not claim a homestead exemption under Maryland law.
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Court
:
- 11 U.S.C.
Zebley v. Davis (In re Davis)
Nov
27
2006
Ruling
Property owned by the enirety on petition date could be exempted despite pending divorce and equitable distribution.
Procedural posture
The chapter 7 trustee objected to the debtor's claimed exemption of residential realty. The basis for the trustee's exemption objection was that, as of the date of the debtor's bankruptcy petition filing, a divorce action was pending between the debtor and his wife, and that the filing of such divorce action, according to the trustee, immediately terminated the tenancy by the entirety.
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Court
:
- 11 U.S.C.
In re Jewell
Aug
08
2006
Ruling
Debtors were not entitled to exemptions in state of former residence where law required debtors reside in that state at time of filing.
Procedural posture
Before the court in a chapter 7 matter was the Chapter 7 Trustee's Objection to the allowance of debtors'claimed exemptions.
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Court
:
- 11 U.S.C.
In re Underwood
May
24
2006
Ruling
Debtor could only claim federal exemptions since debtor could only claim state exemptions for a state of residence for which debtor had resided two or more years prior to filing.
Procedural posture
The case came on for hearing on the chapter 7 trustee's objection to debtor's claimed exemptions.
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Court
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