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§ 522(o)

In re Jones

Nov
26
2008
Ruling
Objection to claimed homestead exemption overruled absent direct evidence of fraudulent intent in surrender of real property.
Procedural posture

The debtors filed for relief under chapter 7 of the Bankruptcy Code. A chapter 7 trustee filed an objection to property that the debtors claimed as exempt. After a hearing, the court issued findings of fact and conclusions of law.

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Consumer opinion summary, case decided on November 26, 2008 , LexisNexis #0209-116
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In re Anderson

Apr
11
2008
Ruling
Payoff of mortgage on exempt homestead with nonexempt assets was not grounds for objection absent evidence of fraud.
Procedural posture

Two creditors who had filed claims objected to the debtor's homestead exemption on the basis of 11 U.S.C.S. § 522(o), asserting that the debtor enhanced the value of his homestead by paying down his home mortgage with the proceeds of nonexempt property that he disposed of with intent to hinder, delay, or defraud his creditors within 10 years of the date of his petition.

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Consumer opinion summary, case decided on April 11, 2008 , LexisNexis #0508-116
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In re Sissom

May
11
2007
Ruling
Trustee granted equitable lien for $50,000 of non-exempt stock proceeds used to purchase otherwise exempt homestead.
Procedural posture

Chapter 7 trustee, pursuant to 11 U.S.C. § 522(o), objected to the debtor's homestead exemption, alleging that the debtor improperly used nonexempt cash of $61,541 to help purchase the real property that he claimed as his homestead and to purchase personal property that he claimed exempt.

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opinion summary, case decided on May 11, 2007 , LexisNexis #0607-110
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In re Agnew

Nov
06
2006
Ruling
Homestead exemption allowed over trustee's objection absent showing that debtors acquired property with intent to hinder, delay or defraud creditors.
Procedural posture

The debtors petitioned for bankruptcy relief under chapter 7. The debtors claimed a homestead exemption on property that the debtors had acquired from the mother of one of the debtors in exchange for other non-exempt agricultural property. The trustee objected to the homestead exemption under 11 U.S.C. § 522(o)(4).

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opinion summary, case decided on November 06, 2006 , LexisNexis #1206-075
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