Garcia Matos v. Oliveras Rivera (In re Garcia Matos)
Sep
26
2012
Ruling
Order sustaining trustee's objection to exemption in prepetition tax refund reversed.
Procedural posture
Debtor claimed an exemption in an income tax refund which the debtor would receive after the end of the tax year, but bankruptcy trustee contended that the refund was projected disposable income which could not be exempted. The debtor appealed the order of the U.S. Bankruptcy Court for the District of Puerto Rico which sustained the trustee's objection to the exemption.
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Court
:
Judge or Jurisdiction information not available
- 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
:
- 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.
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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.
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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.
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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).
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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.
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Court
:
Danduran v. Kaler (In re Danduran)
Sep
16
2011
Ruling
Bankruptcy appellate panel erred in reversing bankruptcy court holding that proceeds of personal property sold with homestead were not proceeds of the homestead.
Procedural posture
Chapter 7 Trustee, appealed from a decision of the United States Bankruptcy Appellate Panel (BAP) of the Eighth Circuit reversing a bankruptcy court's judgment that the proceeds of personal property sold with a homestead are not proceeds of the homestead.
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Court
:
Judge or Jurisdiction information not available
- 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
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