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§ 522(b)(2)

Logan v. Williams (In re Williams)

Mar
17
2008
Ruling
Debtor's separated but not divorced from non-debtor spouse with no joint creditors entitled to exemption for home owned by the entireties.
Procedural posture

Plaintiff chapter 7 trustee filed an objection to exemptions claimed by defendant chapter 7 debtor. The trustee and defendants, including the debtor's former wife, filed cross- motions for summary judgment in the trustee's complaint for avoidance of lien, turnover of property, and damages.

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Consumer opinion summary, case decided on March 17, 2008 , LexisNexis #0408-132
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In re Thurston

Jun
27
2007
Ruling
Settlement funds from lawsuit for damage to debtor's homestead were not exempt.
Procedural posture

A bankruptcy debtor claimed an exemption in his homestead and subsequently claimed an exemption in settlement proceeds from a state court action which alleged that abutters were liable for flood damage to the debtor's homestead. The trustee objected to the exemption of the settlement proceeds.

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opinion summary, case decided on June 27, 2007 , LexisNexis #0807-100
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In re Wallace In re Wallace

Aug
09
2006
Ruling
State could not create a customized set of bankruptcy exemptions for residents.
Procedural posture

Chapter 7 trustee filed an objection to debtor's claimed exemption in her undivided one-half interest in real property pursuant to Mich. Comp. Laws § 600.5451(1)(n), contending that section 600.5451(1)(n) was unconstitutional because it violated the Supremacy Clause, U.S. Const. art. VI, cl. 2.

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opinion summary, case decided on August 09, 2006 , LexisNexis #1006-012
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In re Guzior

Aug
07
2006
Ruling
Debtor could not claim exemption in entireties property where state law allowed joint creditors to reach entireties interests.
Procedural posture

The chapter 7 trustee objected to a tenancy by the entireties property exemption claimed by debtor pursuant to 11 U.S.C. § 522(b)(2)(B).

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opinion summary, case decided on August 07, 2006 , LexisNexis #0906-019
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In re Weber

Jun
29
2006
Ruling
Court overruled trustee's objections and determined that debtor's exemption in property was presumed to be valid.
Procedural posture

The debtor claimed as an exemption to her chapter 7 bankruptcy estate her interest in her residence pursuant to former 11 U.S.C. § 522(b)(2)(B). Objector, the chapter 7 trustee, took issue with the exemption.

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opinion summary, case decided on June 29, 2006 , LexisNexis #0706-088
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In re Wallace

Apr
09
2006
Ruling
Congress did not authorize states to create separate bankruptcy specific exemption schemes.
Procedural posture

Debtor filed a chapter 7 bankruptcy petition, claiming that her interest in a particular property was exempt under Mich. Comp. Laws § 600.5451(1)(n). The chapter 7 trustee filed a timely objection to the claimed exemption, contending that Mich. Comp. Laws § 600.5451(1)(n) was unconstitutional because it violated the Supremacy Clause, U.S. Const. art. VI, cl. 2.

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opinion summary, case decided on April 09, 2006 , LexisNexis #0906-057
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In re Vinson

Jan
27
2006
Ruling
Debtors were not permitted to claim state homestead exemption because the state law authorizing the exemption violated the Code by exempting non-debtor property.
Procedural posture

Petitioner debtors each claimed a homestead exemption in the same real property. Respondent trustee objected.

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opinion summary, case decided on January 27, 2006 , LexisNexis #0206-034
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In re Balthrop

Nov
28
2005
Ruling
Debtors'chapter 13 plan was confirmed since the plan met the best interests of the creditor test, the debtors could exempt the marital residence, and the creditor did not show a medical emergency exception to this exemption.
Procedural posture

Chapter 13 trustee filed an objection to confirmation of debtors'plan, which objection was joined by creditor, claiming that the plan did not comply with 11 U.S.C. § 1325(a)(4).

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opinion summary, case decided on November 28, 2005 , LexisNexis #0306-018
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