In re Messina
Aug
06
2012
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.
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Court
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Judge or Jurisdiction information not available