- 11 U.S.C.
White, In re
Jan
10
2020
Ruling
Court directed debtor to account for exact amount of rental income claimed as exempt. (Bankr.E.D. Mich.)
Issue(s)
Exemptions; Types of Exempt Property; General Surplus.
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Court
:
- 11 U.S.C.
Cruz, In re
May
18
2018
Ruling
Court ruled that debtor could amend her schedules and exempt the proceeds of her unusedbut accumulated sick leave from property of the estate. (Bankr. D.P.R.)
Issue(s)
Exemptions; Types of Exempt Property; General Surplus.
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Court
:
- 11 U.S.C.
Poivey, In re
May
11
2018
Ruling
Royalty check proceeds were marital property to which debtor husband was entitled to applyhis wildcard exemption rights. (Bankr. E.D. Wis.)
Issue(s)
Exemptions; Types of Exempt Property; General Surplus.
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Court
:
- 11 U.S.C.
In re Colon
Oct
05
2016
Ruling
Salaries earned by debtors between filing of chapter 11 case and conversion to chapter 7 wereproperty of the estate. (Bankr. D.P.R.)
Issue(s)
Should exemption of salaries earned by the debtors in the time between the filing of their chapter 11 petition and the subsequent conversion of their case to chapter 7 be denied?
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Court
:
- 11 U.S.C.
In re Landsinger
Jul
23
2012
Ruling
Debtor's exemption in property inherited by spouse limited to one half of mortgage payments made with marital funds.
Procedural posture
Bankruptcy debtors, husband and wife, claimed exemptions in an interest in real property which the wife received as a gift, and payments on a mortgage against the property were paid with marital funds. The bankruptcy trustee objected to the husband's claim of exemption, and the parties' submissions were treated as cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Young
Mar
20
2012
Ruling
Debtor not entitled to claim exemption in vehicle owned by debtor spouse.
Procedural posture
After chapter 7 debtors, a husband and wife, filed a joint chapter 7 petition, the wife claimed an exemption in a vehicle under 11 U.S.C.S. § 522(d)(5). The trustee objected.
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Court
:
- 11 U.S.C.
In re Padilla
Nov
28
2011
Ruling
Debtor could not claim exemption in property owned solely by co-debtor spouse.
Procedural posture
This case was before this court upon the trustee's objection to debtors' claim for exemption under 11 U.S.C.S. § 522(d)(5) and the oppositions filed by debtors.
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:
- 11 U.S.C.
In re Okwonna-Felix
Aug
03
2011
Ruling
Settlement proceeds from undisclosed lawsuit were exempt but subject to lien of secured creditor.
Procedural posture
Movant debtor sought to exempt $5,337.50 in proceeds to be paid pursuant to a settlement of a lawsuit against its insurer received from a breach of contract cause of action for the insurer's failure to pay sufficient proceeds under a policy after Hurricane Ike damaged the debtor's homestead. A secured creditor, the debtor's mortgagee, claimed an interest in the proceeds as well.
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Court
:
- 11 U.S.C.
In re Wiczek
Jun
16
2011
Ruling
Debtors could not claim administrative expense claim in excess of amount available under §522(d)(5).
Procedural posture
This Chapter 7 case came before the court on the Chapter 7 Trustee's objection to debtors' amended claim of exemption in certain assets. Also, the Trustee requested an evidentiary hearing on her allegations of bad faith, and any inherent request for imposition of sanctions on debtors.
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:
- 11 U.S.C.
In re Trudell
Feb
19
2010
Ruling
Tax refunds not expected at time debtors completed schedules were exempt but attorney would be considered for possible sanctions.
Procedural posture
Debtors filed a petition under chapter 7, and a trustee was appointed to administer their bankruptcy estate. The trustee filed an objection to the debtors' claim that they were entitled under 11 U.S.C.S. § 522(d)(5) to exempt federal and state tax refunds they received for 2008 from property that was included in their bankruptcy estate.
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Court
: