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§ 522(q)(1)(B)

Uriostegui, In re--Uriostegui v. Dowling

May
12
2025
Ruling
Homestead exemption allowed as fraud occurred before debtor acted in fiduciary capacity as trustee. (B.A.P. 9th Cir.)
Issue(s)
Exemptions; When Homestead May Not be Exempted; Property Acquired Post - petition; Securities Law Violations, Fiduciary Fraud or Criminal Acts Causing Personal Injury or Death.

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Consumer opinion summary, case decided on May 12, 2025 , LexisNexis #0725-038
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Larson v. Howell (In re Larson)

Jan
23
2008
Ruling
Negligent vehicular homicide qualified as a criminal act capping debtor's homestead exemption at $125 thousand.
Procedural posture

Criminal charges arising from a motor vehicle accident were filed against appellant debtor. The debtor and appellee victim's husband settled the civil case. The debtor filed a bankruptcy petition and claimed a homestead exemption. The bankruptcy court found that the accident constituted a "criminal act" under 11 U.S.C. § 522(q)(1)(B)(iv). The District Court for the District of Massachusetts affirmed. The debtor appealed.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 23, 2008 , LexisNexis #0208-046
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In re Larson

Apr
05
2006
Ruling
Court had to schedule evidentiary hearing to determine if a homestead cap involving a "criminal act"was applicable.
Procedural posture

Chapter 7 debtor filed for bankruptcy relief, claiming an exemption of $500,000 in a single family residence pursuant to Mass. Gen. Laws ch. 188, § 1A. Objector creditors and chapter 7 trustee objected to the state homestead exemption, alleging that the homestead claim had to be reduced based upon the newly enacted 11 U.S.C. § 522(q)(1)(B)(iv).

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opinion summary, case decided on April 05, 2006 , LexisNexis #0506-112
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