Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

§ 522(g)

Maxwell v. Barounis (In re Swiontek)

Plaintiff bankruptcy trustee brought an adversary proceeding against defendant spouse of a bankruptcy debtor, seeking to avoid as fraudulent a transfer of the debtor's interest in a jointly owned marital home to the spouse, and seeking authority to sell the property. The trustee and the spouse cross-moved for summary judgment.
Ruling: 
Voluntary fraudulent transfer of debtor's interest in entireties property to spouse could be avoided and property could be sold by trustee.
ABI Membership is required to access the full summary of Maxwell v. Barounis (In re Swiontek). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on October 03,2007, LexisNexis #1207-028

Kuhnel v. Kuhnel (In re Kuhnel)

The bankruptcy court allowed appellant bankruptcy trustee to contest an exemption under 11 U.S.C. § 522(g) after the Fed. R. Bankr. P. 4003(b) deadline had run. Appellee debtors appealed, and the United States Bankruptcy Appellate Panel for the Tenth Circuit reversed, holding that the trustee's objection was time-barred. The trustee appealed.
Ruling: 
Trustee's objection to exemption in voluntarily transferred property recovered by trustee was not time barred.
ABI Membership is required to access the full summary of Kuhnel v. Kuhnel (In re Kuhnel). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Kuhnel v. Russell (In re Kuhnel)

Appellants, debtors, sought review of an order of the Bankruptcy Court for the District of Wyoming sustaining appellee chapter 7 trustee's objection to their claimed exemption in their vehicle pursuant to Wyo. Stat. Ann. § 1-20-106(a)(iv) (2006).
Ruling: 
Trustee's untimely objection to claimed exemption was not cured by release of lien by creditor without commencement of avoidance proceeding.
ABI Membership is required to access the full summary of Kuhnel v. Russell (In re Kuhnel). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Carter

A bankruptcy trustee avoided a bank's lien against bankruptcy debtors'vehicle as a preferential transfer since the bank failed to perfect the lien timely. The trustee objected to the debtors'claimed exemption in the vehicle pursuant to 11 U.S.C. § 522(g)(1), and requested turnover of the vehicle.
Ruling: 
Trustee's objection to debtors'claimed exemption in vehicle and request for turnover were granted since debtor had granted bank lien and trustee had avoided that lien.
ABI Membership is required to access the full summary of In re Carter. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

In re Hicks

A chapter 7 trustee objected to debtors'claimed exemptions in a car on the ground that any equity in the car resulted from his powers under 11 U.S.C. § 544 and , therefore, debtors could not claim an exemption pursuant to 11 U.S.C. § 522(g).
Ruling: 
Debtors were not entitled to claim exemption in equity in vehicle recovered by trustee from lien avoided by trustee except for amount vehicle was worth above lien amount.
ABI Membership is required to access the full summary of In re Hicks. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Pages

Subscribe to § 522(g)