- 11 U.S.C.
In re Abdallah
Jul
01
2016
Ruling
Objection to debtor’s state homestead exemption overruled.
Issue(s)
Should debtor’s homestead exemption be denied be denied based upon a state court determination that he engaged in a fraudulent transfer of that real estate and because the position he advanced in state court was that he never really owned the prope
ABI Membership is required to access the full summary of In re Abdallah Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Vance
Dec
17
2015
Ruling
Objection to homestead exemption sustained where debtor's temporary occupancy was solely an attempt to claim the exemption.
Issue(s)
Did property in which debtor claimed a homestead exemption qualify as his residence or should the exemption be disallowed?
ABI Membership is required to access the full summary of In re Vance Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Gordon v. Wadsworth (In re Gordon)
Jun
26
2015
Ruling
Debtor could not claim state exemption in funds paid out of retirement plan.
Issue(s)
Could debtors claim a state exemption in funds paid out of a retirement plan into a savings account?
ABI Membership is required to access the full summary of Gordon v. Wadsworth (In re Gordon) 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
- 11 U.S.C.
Hardy v. Fink (In re Hardy)
Jun
02
2015
Ruling
Debtor could claim state law exemption in portion of tax refund based on federal Additional Child Tax Credit.
Issue(s)
Whether a portion of a tax refund based on the Additional Child Tax Credit (ACTC), 26 U.S.C.S. § 24(d), was exempt from a debtor's bankruptcy estate as a public assistance benefit under Missouri law.
ABI Membership is required to access the full summary of Hardy v. Fink (In re Hardy) 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
- 11 U.S.C.
In re Basler
Mar
10
2011
Ruling
Debtors could claim homestead exemption in property occupied pursuant to long-term lease.
Procedural posture
Debtors claimed a homestead exemption in their residence, presumably under the statutory authority of Neb. Rev. Stat. § 40-101. The question was whether debtors, despite not holding legal title to the real estate, nevertheless had an exemptible interest in it. It was undisputed that debtors exclusively occupied the residence, and had since August 2004. There was no evidence of a lease of the property from debtors' company to debtors, but it was clear that debtors were residing there with the tacit agreement of the company, which essentially was debtors themselves. Whatever legal arrangement this may have constituted, it appeared to be something more than a tenancy at will, which was insufficient to support a homestead claim. Rather, it was in the nature of a long-term lease, on which debtors could claim a homestead exemption. Debtors also claimed an exemption in life insurance under Neb. Rev. Stat. § 44-371. Contrary to debtors' position, the statute was clear on its face that only the policy owner could claim the exemption. Pursuant to Neb. Rev. Stat. § 44-371(1)(b)(i), debtor husband could claim an exemption of no more than $100,000 in the unencumbered value of the policy.
ABI Membership is required to access the full summary of In re Basler Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
Richardson v. Schafer (In re Schafer)
Feb
24
2011
Ruling
State exemption statute applying only to debtors in bankruptcy was unconstitutional under the bankruptcy clause.
Procedural posture
In consolidated appeals, chapter 7 trustees, challenged the U.S. Bankruptcy Court for the Western District of Michigan's orders denying the trustees' motions objecting to appellee debtors' claim of exemptions under 11 U.S.C.S. § 522. The bankruptcy court held that Michigan's bankruptcy-specific exemption statute, Mich. Comp. Laws § 600.5451, was constitutional under the Supremacy Clause of the U.S. Constitution, art. VI, cl.2.
ABI Membership is required to access the full summary of Richardson v. Schafer (In re Schafer) 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
- 11 U.S.C.
Camp v. Ingalls (In re Camp)
Jan
21
2011
Ruling
District court properly reversed bankruptcy court's decision extending Florida opt-out statute to exemptions of debtor who was not a Florida resident on petition date.
Procedural posture
Appellant, a Chapter 7 Trustee, appealed from the judgment of the United States District Court for the Western District of Texas, reversing the bankruptcy court's order sustaining his objection to the federal exemptions claimed by appellee debtor.
ABI Membership is required to access the full summary of Camp v. Ingalls (In re Camp) 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
- 11 U.S.C.
In re Schena
Oct
14
2010
Ruling
Debtor who elected federal exemption scheme could not invoke federal non-bankruptcy exemption for military retirement funds.
Procedural posture
Before the court was a creditor's objection to the chapter 11 debtors' claimed exemption of a checking account holding military retirement funds. Debtors had elected to use the "federal exemptions" under 11 U.S.C.S. § 522(b)(2). In Schedule C they claimed an exemption under 11 U.S.C.S. § 522(d)(10)(E) and 38 U.S.C.S. § 5301 for a bank checking account containing the sum of $10,800 (Account).
ABI Membership is required to access the full summary of In re Schena Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Holland
Sep
03
2009
Ruling
Debtor's real property was protected by exemption applicable in state where property was located.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code on October 15, 2005, and the bankruptcy court sustained a chapter 7 trustee's objection to the debtor's claim that real property she owned in Florida was exempt under former 11 U.S.C.S. § 522(b)(2)(B) (now 11 U.S.C.S. § 522(b)(3)(B)). The U.S. District Court for the Northern District of Illinois reversed the bankruptcy court's judgment and remanded the case.
ABI Membership is required to access the full summary of In re Holland Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
- 11 U.S.C.
In re Klostermeier
May
29
2009
Ruling
Nonrefundable portion of child tax credit could not be claimed as an exemption from property of the estate under state law.
Procedural posture
Pursuant to Ohio Rev. Code Ann. § 2329.66(A)(9)(g), the debtors claimed an exemption in their federal income tax refunds. The chapter 7 trustee objected to the claimed exemption. The bankruptcy court held a hearing on the objection.
ABI Membership is required to access the full summary of In re Klostermeier Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: