- 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;
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- 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;
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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;
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:
- 11 U.S.C.
Broder, In re
Mar
14
2019
Ruling
Trustee failed to sustain his burden proving that debtor was not entitled to state lawexemptions. (Bankr. D. Me.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions;
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:
- 11 U.S.C.
Sheehan v. Ash
May
04
2018
Ruling
Bankruptcy court's denial of the trustee's objection to exemptions claimed by the debtors wasaffirmed as debtors were authorized to utilize state scheme to exempt their West Virginiaproperty. (4th Cir.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Felix, In re
Apr
06
2018
Ruling
Appellate panel affirmed court's order denying debtors' Ohio homestead exemption as the debtors changed their professed housing plans when they became aware of a recording error. (6th Cir.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law.
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Judge or Jurisdiction information not available
- 11 U.S.C.
In re Felix
Jan
23
2017
Ruling
Trustee's objection to homestead exemption sustained as debtors' change in housing planswas a tactic to shield a valuable asset, rather than a valid assertion of domicile. (Bankr. S.D.Ohio)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law.
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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?
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:
- 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).
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:
- 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.
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Court
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