- 11 U.S.C.
In re George
Dec
20
2010
Ruling
Debtor who had not resided in filing state for 730 days and could not claim exemptions in state of former domicile could claim federal exemptions.
Procedural posture
A Chapter 7 Wisconsin debtor selected the federal exemptions to exempt her property. The trustee objected, claiming that she was limited to the Illinois state exemptions, under which one of her vehicles would not be exempt, arguing that the debtor had not lived in Wisconsin long enough to utilize the exemptions available to Wisconsin residents, and Illinois had opted out of the federal exemptions.
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Court
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In re Morgan
Nov
29
2010
Ruling
Debtor whose spouse operated Ponzi scheme allowed homestead exemption and partial avoidance of judicial lien of spouse's trustee.
Procedural posture
Debtor, the wife of a Ponzi scheme operator, claimed a homestead exemption in her real property. Her trustee and the spouse's bankruptcy trustee filed objections to that exemption and to her claim of an exemption in certain garnished funds. Debtor also moved to avoid the spouse's trustee's judicial lien to the extent that it impaired her exemptions.
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Court
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In re Bloomenstein
Nov
05
2010
Ruling
Limitation on wage garnishment in Consumer Credit Protection Act was not applicable in bankruptcy.
Procedural posture
A Chapter 7 debtor sought to exempt earned but unpaid wages under 11 U.S.C.S. § 522(b). The trustee objected. The parties submitted briefs on the applicability of 15 U.S.C.S. § 1673, part of the Consumer Credit Protection Act, 15 U.S.C.S. §§ 1671 - 1677, as a source of an exemption in earned but unpaid wages.
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Court
:
- 11 U.S.C.
In re Howlett
Oct
26
2010
Ruling
Debtor could not claim homestead exemption in home in which debtor neither resided nor held legal interest on petition date.
Procedural posture
A chapter 7 debtor claimed as her homestead under Or. Rev. Stat. § 18.395 a distribution from her deceased mother's revocable trust, which owned a home in Oregon. The trustee filed an objection to that claim of exemption and also filed an application to employ an accountant.
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Court
:
- 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).
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Court
:
In re Pardee
Jun
02
2010
Ruling
Debtor could not claim exemption in retirement funds of which spouse was equitable owner.
Procedural posture
A bankruptcy debtor received funds derived from her husband's retirement account upon his death, which the debtor placed in her retirement account, and a former spouse of the husband obtained a state-court order enforcing a divorce decree which awarded the spouse half of the husband's retirement benefits. The debtor moved to avoid the spouse's lien on the debtor's account, and the spouse objected to the debtor's exemption of the account.
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Court
:
- 11 U.S.C.
In re Antoine
Apr
30
2010
Ruling
Debtor could not exempt interest in jointly owned mobile home.
Procedural posture
The debtor claimed an exemption in a mobile home pursuant to 11 U.S.C.S. § 522(b)(3)(B), the trustee filed an objection to the exemption.
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Court
:
- 11 U.S.C.
In re Marriott
Apr
26
2010
Ruling
Debtor entitled to state homestead exemption in proceeds of sale where equitable tolling applied to one-year reinstatement requirement.
Procedural posture
A chapter 7 debtor claimed the proceeds from the sale of his marital homestead as exempt under Idaho Code Ann. §§ 55-1008 and 11-604(1)(b). The trustee objected to the debtor's claim.
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Court
:
In re Duffin
Apr
12
2010
Ruling
State exclusion did not apply to debtor's claimed exemption in insurance policies.
Procedural posture
A bankruptcy trustee objected to bankruptcy debtors' claimed exemptions in life insurance policies on the ground that payments toward the policies in the year prior to the debtors' bankruptcy petition were excluded from the exemption under Utah Code Ann. § 78B-5-505. The trustee moved for relief from, and to alter or amend, the order denying the trustee's objection.
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Court
:
- 11 U.S.C.
In re Grimmett
Mar
24
2010
Ruling
Debtor entitled to state exemption for reasonably necessary alimony payments.
Procedural posture
A chapter 7 debtor claimed an exemption in certain payments that she was entitled to receive under an agreement with her former spouse as alimony under Idaho Code Ann. § 11- 604(1). A trustee objected to the exemption claim.
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Court
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