- 11 U.S.C.
In re Arrends
Mar
04
2014
Ruling
Payment of mortgage with life insurance proceeds to protect homestead exemption did not impermissibly convert nonexempt property into exempt property.
Issue(s)
When debtor cashed in two life insurance policies to pay down mortgage on exempt homestead did it convert non-exempt property into exempt property with the intention to hinder, delay or defraud creditors?
ABI Membership is required to access the full summary of In re Arrends Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Noonan
Jan
15
2014
Ruling
Objection to homestead exemption overruled absent fraud and where declaration of homestead was not a disposition of property.
Issue(s)
Should debtors' homestead objection be disallowed on grounds of fraud.
ABI Membership is required to access the full summary of In re Noonan Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Love-Baker
Dec
31
2013
Ruling
Homestead exemption allowed where payments on mortgage were not made with intent to hinder, delay or defraud.
Issue(s)
Should debtor's homestead exemption be disallowed due to large prepetition payment on mortgage.
ABI Membership is required to access the full summary of In re Love-Baker Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Vu
Sep
30
2013
Ruling
Trustee's objection to state homestead exemption sustained.
Issue(s)
Whether the court should sustain the trustee's objection to the debtor's homestead exemption under Minn. Stat. §§ 510.01 and 510.02, where she transferred almost all of her non-exempt property into exempt property.
ABI Membership is required to access the full summary of In re Vu Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Thaw
Mar
20
2013
Ruling
Equity in debtor's home constructed as part of scheme to avoid creditors' claims was not exempt.
Procedural posture
Debtor, a doctor, declared chapter 7 bankruptcy and claimed that equity he had in a home he owned with his wife was exempt from creditor's claims under 11 U.S.C.S. § 522. A trustee who was appointed to administer the debtor's bankruptcy estate filed an objection to the debtor's claim, contending that the exemption should be disallowed under § 522(o). The court held a hearing on the debtor's claim and the trustee's objection.
ABI Membership is required to access the full summary of In re Thaw Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Corbett
Jul
30
2012
Ruling
Objection to exemption in debtor's residence overruled absent evidence of intent to hinder, delay or defraud creditor.
Procedural posture
Assignee of a judgment creditor filed an objection to an exemption asserted by debtor pursuant to 11 U.S.C.S. § 522(o) with respect to his residence. A state court had previously set aside transfers of the residence to a trust and to debtor's spouse for little or no consideration. Debtor also claimed as exempt a payment of $350,000 he had paid on the judgment pursuant to a settlement agreement between the parties.
ABI Membership is required to access the full summary of In re Corbett Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Soul v. Willcut (In re Willcut)
May
29
2012
Ruling
Homestead exemption properly allowed where there was no equity attached to fraudulent transfer of non-exempt assets that could be reduced.
Procedural posture
This appeal by appellant, the chapter 7 Trustee, was from an order of the U.S. Bankruptcy Court for the Northern District of Oklahoma overruling the trustee's objection to appellee debtors' homestead exemption under 11 U.S.C.S. § 522(o)(4).
ABI Membership is required to access the full summary of Soul v. Willcut (In re Willcut) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Klinglesmith
Jun
02
2011
Ruling
Homestead exemption allowed absent pattern of fraudulent behavior.
Procedural posture
Chapter 7 trustee objected under 11 U.S.C.S. § 522(o)(4) to debtor's claim of exemption for homestead property in the amount of $109,000.
ABI Membership is required to access the full summary of In re Klinglesmith Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
In re Davis
Apr
22
2009
Ruling
Involuntary debtor's interest in home owned by entireties with non-debtor spouse properly claimed exempt under state law.
Procedural posture
A debtor was placed in an involuntary chapter 11 proceeding under the Bankruptcy Code, and the debtor asserted a claimed exemptions in a Florida home, pursuant to Fla. Const. art. 10 § 4(a)(1), retirement assets, and certain personal property items. The original petitioning creditors objected to the debtor's claimed exemptions and the parties filed motions for summary judgment.
ABI Membership is required to access the full summary of In re Davis Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Clark v. Wilmoth (In re Wilmoth)
Dec
09
2008
Ruling
Bankruptcy court properly overruled trustee's objection to debtor's claimed exemptions absent extrinsic evidence of intent to hinder, delay or defraud creditors via debtor's pre-bankruptcy planning.
Procedural posture
Chapter 7 trustee, appealed the Bankruptcy Court for the Western District of Arkansas order which overruled the trustee's objection to debtor's claim of exemptions. The trustee claimed that the bankruptcy court erred in finding that debtor had no intent to hinder, delay or defraud creditors. The case implicated the Arkansas homestead exemption, Ark. Const. art. 9, § 3 and 11 U.S.C.S. § 522(o).
ABI Membership is required to access the full summary of Clark v. Wilmoth (In re Wilmoth) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
Judge or Jurisdiction information not available