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§ 522(b)

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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opinion summary, case decided on May 24, 2006 , LexisNexis #0606-044
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In re Wallace

Apr
09
2006
Ruling
Congress did not authorize states to create separate bankruptcy specific exemption schemes.
Procedural posture

Debtor filed a chapter 7 bankruptcy petition, claiming that her interest in a particular property was exempt under Mich. Comp. Laws § 600.5451(1)(n). The chapter 7 trustee filed a timely objection to the claimed exemption, contending that Mich. Comp. Laws § 600.5451(1)(n) was unconstitutional because it violated the Supremacy Clause, U.S. Const. art. VI, cl. 2.

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opinion summary, case decided on April 09, 2006 , LexisNexis #0906-057
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In re Tai T. Vuong

Feb
06
2006
Ruling
Creditor's objection to the debtor's claim of exemptions under state law was overruled since the creditor showed no grounds for not allowing the exemptions.
Procedural posture

Debtor filed a voluntary petition for relief under chapter 7. Creditor, the holder of a third deed of trust on some of debtor's real estate, filed an objection to the debtor's claim of exemptions.

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opinion summary, case decided on February 06, 2006 , LexisNexis #0406-050
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In re Vinson

Jan
27
2006
Ruling
Debtors were not permitted to claim state homestead exemption because the state law authorizing the exemption violated the Code by exempting non-debtor property.
Procedural posture

Petitioner debtors each claimed a homestead exemption in the same real property. Respondent trustee objected.

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opinion summary, case decided on January 27, 2006 , LexisNexis #0206-034
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In re Balthrop

Nov
28
2005
Ruling
Debtors'chapter 13 plan was confirmed since the plan met the best interests of the creditor test, the debtors could exempt the marital residence, and the creditor did not show a medical emergency exception to this exemption.
Procedural posture

Chapter 13 trustee filed an objection to confirmation of debtors'plan, which objection was joined by creditor, claiming that the plan did not comply with 11 U.S.C. § 1325(a)(4).

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opinion summary, case decided on November 28, 2005 , LexisNexis #0306-018
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