- 11 U.S.C.
Brown v. Kaba (In re Kaba)
May
25
2007
Ruling
Debtors could not claim exemption in proceeds from sale of homestead transferred to son prior to petition date.
Procedural posture
Two months before filing for chapter 7 relief, debtors transferred the bulk of the proceeds from the sale of their homestead to defendant son in payment of an antecedent debt. They claimed an exemption for the amount of the payment under 11 U.S.C. § 522(d)(5), but plaintiff trustee objected and commenced an adversary proceeding to recover the payment as a preference.
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Court
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