Skip to main content

Page Banner(Taxonomy)

judge greenaway jr

In re Messina

Ruling
Debtors' failure to timely file for an exemption precluded them from claiming an exemption in proceeds of trustee's sale of their residence.
Procedural posture

Appellee trustee moved to value appellant chapter 7 debtors' exemptions at zero. The bankruptcy court granted the trustee's motion and denied the debtors' cross-motion to require the trustee to pay their claimed exemptions. The United States District Court for the District of New Jersey's initial decision in favor of the debtors was remanded. On remand, the district court affirmed the bankruptcy court's decision. The debtors appealed.

ABI Membership is required to access the full summary of In re Messina 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
Consumer opinion summary, case decided on August 06, 2012 , LexisNexis #0812-115