- 11 U.S.C.
In re Pellegrini
Jan
17
2012
Ruling
Debtor could not claim exemption in settlement proceeds of action for IRA fraud where funds were not in account on petition date.
Procedural posture
After debtor's chapter 7 case was reopened based on the trustee's discovery of the fact that debtor had failed to disclose that he had won a $302,663 judgment against an investment group based on its commission of fraud in connection with his IRA, debtor amended his schedules to list the judgment and to claim that it was exempt per 11 U.S.C.S. § 522(d)(12). The trustee objected to the exemption and sought summary judgment that it was improper.
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Court
:
- 11 U.S.C.
In re Tennihill
Jan
15
2012
Ruling
Payments from debtor's former spouse pursuant to divorce decree were in the nature of a domestic support obligation and exempt.
Procedural posture
A bankruptcy debtor claimed an exemption in payments from the debtor's former spouse as payments in the nature of a domestic support obligation under 11 U.S.C.S. § 522(d)(10). The bankruptcy trustee objected to the exemption and moved for turnover of the payments to the bankruptcy estate.
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Court
:
- 11 U.S.C.
In re Keena
Dec
13
2011
Ruling
Debtors could not claim homestead exemption in empty lot adjacent to residence.
Procedural posture
The trustee in a chapter 7 bankruptcy case filed an objection to the debtors' claim of homestead exemption under 11 U.S.C.S. § 522(d)(1). The court treated the filings as cross motions for summary judgment.
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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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Court
:
In re Morgan
Oct
21
2011
Ruling
Trustee's objection to debtor's amended schedule of exemptions sustained.
Procedural posture
Chapter 7 trustee filed an objection to the debtor's amended schedule of exemptions, and filed a motion for sanctions against the debtor, both based on the argument that debtor had concealed assets and failed to identify numerous creditors in his initial schedules. The debtor filed an opposition to the motions.
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Court
:
- 11 U.S.C.
In re Holstien
Oct
11
2011
Ruling
Trustee's motion for stay pending appeal denied where argument that workers' compensation award was not exempt was not likely to succeed.
Procedural posture
Pursuant to Fed. R. Bankr. P. 8005, a Chapter 7 trustee filed a motion for a stay pending appeal of the court's order denying the trustee's objection to the debtors' claim of exemption with respect to the debtor husband's workers' compensation redemption payment under 11 U.S.C.S. § 522(d)(11)(E).
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Court
:
- 11 U.S.C.
Randall v. Haddad (In re Haddad)
Sep
20
2011
Ruling
Debtor could not claim exemption on proceeds of sale of property after being divested of title by state court order.
Procedural posture
Plaintiffs filed an adversary action against the debtor and a state retirement board seeking a determination that $40,000 in proceeds from the sale of real property was not the property of the debtor's bankruptcy estate, as well as an order requiring the retirement board to return the $40,000 deposited by the debtor into her retirement board account. The retirement board and debtor filed motions to dismiss.
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Court
:
- 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 Rice
Aug
02
2011
Ruling
Debtor who did not read schedules could not amend as failure to include exemptions was not unintentional.
Procedural posture
A Chapter 7 debtor filed an amended Schedule C in which he claimed an exemption for a cashier's check for retirement funds in the amount of $95,000 and for garnished retirement funds in the amount of $18,807 under 11 U.S.C.S. § 522(d)(12). The trustee filed an objection to the debtor's amended claim of exemptions.
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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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Court
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