Pasquina v. Cunningham (In re Cunningham)
Jan
22
2008
Ruling
Proceeds of sale of exempt homestead were not subject to nondischargeable claim by creditor.
Procedural posture
In a bankruptcy case, appellant creditor sought review of a decision of the District Court for the District of Massachusetts, which held that the postpetition sale of appellee debtor's home, for which he had obtained a homestead exemption under Mass. Gen. Laws ch. 188, § 1, protecting it from creditors, did not cause the proceeds of the sale to lose their exempt status under the Bankruptcy Code and become subject to a prepetition debt.
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Court
:
Judge or Jurisdiction information not available
In re Raffone
Jan
16
2008
Ruling
Debtors could not reopen case to expand exemption in property subject to judgment lien beyond amount originally claimed.
Procedural posture
The debtors filed for relief under chapter 7 of the United States Bankruptcy Code, and the case was closed in February 2002. The debtors sought to reopen the case for a ruling that the creditors could not proceed with post-petition lien rights on the debtors' real property. The debtors filed a motion to avoid the lien and to compel compliance with the exemption continuation provisions of 11 U.S.C. § 522(c).
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Court
:
- 11 U.S.C.
In re Duggan
Aug
15
2007
Ruling
Trustee did not have authority to exercise liquidation rights of non-appearing domestic support obligation creditors.
Procedural posture
The debtors filed for relief under chapter 7. The debtors both scheduled domestic support obligations ("DSO") creditors with substantial claims. The chapter 7 trustee filed an objection to the debtors'exemptions on behalf of the DSO creditors.
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Court
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United States v. Hyde
Aug
07
2007
Ruling
Obligation under Mandatory Victims Restitution Act was not subject to homestead exemption.
Procedural posture
The District Court for the District of Massachusetts ruled that defendant bankruptcy debtor's restitution order, imposed in a criminal case, created an entirely new obligation owed to plaintiff United States unaffected by the debtor's homestead exemption and 11 U.S.C. § 522(c), the United States could enforce its garnishment order against sale proceeds of the debtor's home. The debtor appealed the district court's order.
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- 11 U.S.C.
In re Waters
Jun
25
2007
Ruling
IRA was exempt from domestic support obligation claims during pendency of case.
Procedural posture
The chapter 7 trustee filed an objection to the debtor's claim of exemption. The trustee contended that the debtor's individual retirement account ("IRA") was not exempt due to the existence of claims for domestic support obligations.
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Court
:
- 11 U.S.C.
Rupp v. Elmasri (In re Elmasri)
May
24
2007
Ruling
Trustee could pay off liens with proceeds of sale of homestead even if impairment of exemption resulted.
Procedural posture
After debtor filed a chapter 7 petition, plaintiff, who was his ex-wife, and intervenor, a former law guardian appointed in connection with debtor's state court matrimonial action, sought payment of judgments against debtor from $50,000 that constituted debtor's homestead exemption under state law and was expected as proceeds from the sale of his residence. The status of such claims under 11 U.S.C. § 522(c) was at issue.
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Court
:
- 11 U.S.C.
In re Vandeventer
Apr
20
2007
Ruling
BAPCPA did not authorize trustee to administer otherwise exempt property to satisfy domestic support obligations.
Procedural posture
A chapter 7 trustee filed a timely objection to a debtor's claims of exemptions in a pickup truck and a motorcycle. The trustee asserted that 11 U.S.C. § 522(c)(1) required the disallowance of these exemptions so that the assets might be liquidated and the proceeds paid to the debtor's ex-wife, who held a claim for a domestic support obligation ("DSO").
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Court
:
- 11 U.S.C.
In re Quezada
Feb
07
2007
Ruling
Fully exempt homestead could not be sold by trustee to satisfy domestic support obligation.
Procedural posture
The chapter 7 trustee filed an objection to debtor's claimed homestead exemption, a request for authority to sell homestead to pay outstanding domestic support obligations, and a motion to compel turnover of documents.
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Court
:
- 11 U.S.C.
In re Covington
Sep
22
2006
Ruling
Disallowance of exemption was not prerequisite to enforcement of domestic support obligation against the exempt property.
Procedural posture
Movant trustee objected to respondent debtor's exemptions in a $1,000 bank deposit and an automobile in a chapter 7 case. The trustee filed a motion to sell the automobile.
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Court
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In re Guido
Jun
09
2006
Ruling
Motion to require trustee to abandon second mortgage was denied since second mortgage was unhampered by section 522(c) and had priority under state law over homestead exemption.
Procedural posture
After debtor filed for chapter 7 bankruptcy, plaintiff trustee filed an adversary proceeding against defendant creditor seeking to avoid a preferential transfer pursuant to 11 U.S.C. § 547(b). The court approved their agreement to avoid a second mortgage and preserve it for the bankruptcy estate's benefit and allowed the debtor's motion to avoid a judicial lien. The debtor moved to require the trustee to abandon the second mortgage.
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Court
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