- 11 U.S.C.
Lyster, In re
Dec
12
2024
Ruling
Debtor allowed homestead exemption including former spouses’ 50% community property interest acquired through divorce proceedings within 1,215 days prior to bankruptcy. (Bankr. N.D. Tex.)
Issue(s)
Exemptions; Limitation on Homestead Exemption; Applicability.
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:
- 11 U.S.C.
Crawford, In re
Apr
28
2023
Ruling
Value of debtor’s homestead was capped when he filed the Chapter 7 petition. (Bankr. D. Nev.)
Issue(s)
Exemptions; Limitation on Homestead Exemption; Applicability.
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Court
:
- 11 U.S.C.
Davis, In re
Jul
06
2022
Ruling
Debtors who filed jointly and owned their home as community property were entitled todouble their homestead exemption cap to $340,700. (Bankr. W.D. Wash.)
Issue(s)
Exemptions; Limitation on Homestead Exemption; Applicability.
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Gamboa, In re
Dec
21
2017
Ruling
Judgment creditors' objections to debtor's homestead exemption claim denied where evidence established that when he filed the case, debtor was living on the property and had the intent to permanently reside there. (Bankr. S.D. Fla.)
Issue(s)
Exemptions; Limitation on Homestead Exemption.
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Zakarian, In re
Aug
03
2017
Ruling
The debtor was found to be entitled to a statutory homestead exemption but the cap on hishomestead exemption was still applied as a limitation. (Bankr. D. Mass.)
Issue(s)
Exemptions; Limitation on Homestead Exemption.
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Court
:
- 11 U.S.C.
Caldwell v. Nelson (In re Caldwell)
Feb
24
2016
Ruling
Bankruptcy court erred in limiting debtor's homestead exemption.
Issue(s)
Where debtor transferred title to real property to and from a trust and an LLC, whether a bankruptcy court erred when it limited his homestead exemption under 11 U.S.C.S. § 522(p)(1) because the property was conveyed by the LLC to the trust during the 1215-day period preceding his petition.
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:
Judge or Jurisdiction information not available
- 11 U.S.C.
Bruess v. Dietz (In re Bruess)
Oct
29
2015
Ruling
Debtor's homestead exemption limited where the property was acquired within 1215 days prior to petition date.
Issue(s)
In the context of 11 U.S.C.S. § 522(p)(1)(A), whether debtor "acquired" the property in which she claimed her homestead exemption within the 1215-day period preceding the filing of the petition thus limiting her homestead exemption to $155,675.
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Judge or Jurisdiction information not available
Wiggains v. Reed (In re Wiggains)
Aug
21
2015
Ruling
Non-debtor spouse not allowed compensation in excess of cap upon sale of homestead.
Issue(s)
Was non-debtor spouse allowed compensation in excess of the statutory cap on proceeds of sale of homestead property?
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Kim v. Dome Entmt Center Inc. (In re Kim)
Apr
09
2014
Ruling
Bankruptcy code limitation on unlimited state homestead exemption of non-debtor spouse was proper and not an unconstitutional taking.
Issue(s)
Did the bankruptcy code's limitation on state unlimited homestead exemption of non-debtor spouse constitute an unconstitutional taking?
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Judge or Jurisdiction information not available
In re Peake
Oct
15
2012
Ruling
Trustee's objection to homestead exemption overruled as debtor did not receive interest in property within 1215 days of petition date and was not subject to cap.
Procedural posture
Before the court was the chapter 7 trustee's objection to debtor's homestead exemption. The trustee objected to the exemption of debtor's share of the homestead, claiming that he acquired all of it within 1,215 days of filing and that any equity he had in it was subject to the 11 U.S.C.S. § 522(p) limitation.
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