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Hokanen v. Hopper (In re Hopper)

Feb
16
2011
Ruling
Finding of nondischargeability reversed due to trustee's failure to demonstrate that debtor was a fiduciary.
Procedural posture

Respondent bankruptcy trustee of a real estate client of appellant bankruptcy debtor brought an adversary proceeding against the debtor seeking a determination that a debt was nondischargeable under 11 U.S.C.S. § 523(a)(4) based on the debtor's fraud in a fiduciary capacity. The debtor appealed the judgment in favor of the trustee entered in the U.S. Bankruptcy Court for the Eastern District of California based on collateral estoppel.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 16, 2011 , LexisNexis #0611-123
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In re Greene

Jul
27
2006
Ruling
Debtor's homestead exemption was capped at $125,000 pursuant to section 522(p)(1).
Procedural posture

Debtor filed a chapter 7 bankruptcy petition, claiming a parcel of undeveloped land with a travel trailer as his homestead exemption under Nev. Rev. Stat. §§ 115.005(2) and 115.010. A creditor objected to the claim of exemption and argued that even if valid, the exempted amount had to be reduced to $125,000 pursuant to 11 U.S.C. § 522(p)(1) because the homestead was an interest acquired within 1,215 days of the petition.

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opinion summary, case decided on July 27, 2006 , LexisNexis #0806-110
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