Kresock, In re
Nov
24
2020
Ruling
Debtor's objections overruled because pursuant to U.S.C.§ 522(c)(2)(B) any exempt propertyremained liable for the properly noticed tax lien. (Bankr. D. Ariz.)
Issue(s)
Exemptions; Debts Collectible from Exempt Property.
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Court
:
- 11 U.S.C.
Hutchinson, In re--Hutchinson v. United States
Jan
02
2018
Ruling
Chapter 7 debtors not permitted to avoid tax liens from otherwise exempt property, even if the said tax lien could be avoided by a trustee under law. (Bankr. E.D. Cal.)
Issue(s)
Exemptions; Debts Collectible from Exempt Property; Debt Secured by Lien; Tax Lien.
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Court
:
Awayda, In re
Oct
18
2017
Ruling
Trustee's objection to debtor's claim of exemption denied as the exemption was validlyclaimed as of the petition date. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Debts Collectible from Exempt Property.
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:
Ortiz-Peredo, In re
Jul
18
2017
Ruling
Trustee's objection to the debtors' chapter 13 plan granted as proceeds received by debtor from a settlement qualified as projected disposable income. (Bankr. W.D. Tex.)
Issue(s)
Exemptions; Debts Collectible from Exempt Property
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Court
:
In re Arellano
Sep
26
2014
Ruling
State law exemption of omitted assets allowed over trustee's bad faith objection.
Issue(s)
Whether a court should sustain a chapter 7 trustee's objection to a debtor's newly claimed exemption of omitted assets under Cal. Code Civ. Proc. § 703.140(b) on the basis of debtor's alleged bad faith.
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Court
:
- 11 U.S.C.
In re Hannon
Jul
09
2014
Ruling
IRS was not entitled to proceeds of sale of debtors' fully encumbered property in which debtor had claimed a homestead exemption.
Issue(s)
Was the IRS entitled to proceeds of the sale of property in which debtor had asserted a homestead exemption?
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Court
:
In re Kyle
May
14
2014
Ruling
Objection to state homestead exemption based on uncodified language regarding effective date of amendment increasing limit denied.
Issue(s)
Should trustee's objection to state homestead exemption claimed in increased amount based on recent amendment be sustained based on uncodified language regarding effective date?
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Court
:
Viegelahn v. Frost (In re Frost)
Mar
05
2014
Ruling
Proceeds of sale of debtor's exempt homestead reverted to the estate after expiration of state law exemption.
Issue(s)
Did state homestead exemption that was permanent if property was retained but expired in sale proceeds after six months conflict with the Bankruptcy Code provision that once property is exempted under § 522(c) it is not liable for any debt during or after the case, except in the case of dismissal?
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Bryant
Jan
13
2009
Ruling
Discharge did not preclude IRS from offsetting prepetition refund with prepetition liability.
Procedural posture
A debtor filed for relief under chapter 7 and received a discharge. The debtor filed a motion for relief from a post-discharge offset sought by the Internal Revenue Service (IRS). The debtor claimed that his discharge precluded the IRS from offsetting a prepetition refund with a prepetition liability.
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Court
:
In re Lie Hung Tan
Mar
06
2008
Ruling
Debtor's sister could not claim homestead exemption in or administrative expense related to estate property.
Procedural posture
A liquidating trustee in a bankruptcy case objected to the proofs of claim filed by a debtor's sister.
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Court
: