- 11 U.S.C.
In re Earnest
Mar
26
2009
Ruling
Debtors could claim state homestead exemption in property outside municipality that was separated from land where debtor's home was located by a fence.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code, and claimed a homestead exemption on real property, pursuant to Fla. Const. art. X, § 4(a)(1). A trustee objected to the claimed exemption.
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Court
:
- 11 U.S.C.
In re Bellingroehr
Mar
18
2009
Ruling
Debtor could claim exemption in entireties property transferred to trust.
Procedural posture
A debtor filed for relief under chapter 7. Chapter 7 trustee objected to the debtor's claimed exemptions in certain assets as tenancy by entireties, pursuant to 11 U.S.C.S. § 522(b)(3)(B).
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Court
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Stephens v. Holbrook (In re Stephens)
Mar
09
2009
Ruling
Debtors could claim exemption in proceeds of sale of Iowa homestead where debtor had not lived in new state for 730 days provided proceeds were held for a reasonable period.
Procedural posture
Appellant debtor filed a petition under chapter 7 and claimed that proceeds derived from the sale of debtor's homestead in Iowa were exempt from creditors' claims. Appellee trustee was appointed to represent the bankruptcy estate, and he filed an objection to the debtor's claim. The United States Bankruptcy Court for the Western District of Oklahoma sustained the trustee's objection, and the debtor appealed.
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Court
:
Judge or Jurisdiction information not available
In re Camp
Sep
18
2008
Ruling
Debtor who relocated to Florida but was not yet an official resident was bound by state's opt- out from federal exemption scheme.
Procedural posture
The debtor, who had moved to Florida but not yet established Florida residency, and whose property was located in Texas, sought to claim the exemptions offered under 11 U.S.C.S. § 522(d). The trustee objected to the claimed exemptions, arguing that the debtor was not eligible to claim the Federal exemptions.
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Court
:
- 11 U.S.C.
In re Rodriguez
Sep
18
2008
Ruling
Vehicles could not be exempted as tenants by the entirety property where state law did not allow for entireties ownership of vehicles.
Procedural posture
Debtors claimed two motor vehicles as exempt under 11 U.S.C.S. § 522(b)(3)(B), asserting that the vehicles were exempt as tenants by the entirety property. The chapter 7 trustee objected, contending that motor vehicles would not be held as tenants by the entirety.
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Court
:
Addison v. Seaver (In re Addison)
Aug
07
2008
Ruling
Exemption in Roth IRA disallowed due to dbetor's use of funds to make mortgage payment.
Procedural posture
Appellee trustee filed objections to appellant chapter 7 debtor's claims that certain property was exempt from creditors' claims, and an adversary proceeding seeking an order denying the debtor's discharge. The bankruptcy court reduced the debtor's homestead exemption, denied exemptions the debtor claimed in an IRA and college funds, and denied discharge. The U.S. Bankruptcy Appellate Panel for the Eighth Circuit affirmed and the debtor appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Young v. Camelot Homes Inc. (In re Young)
Jul
02
2008
Ruling
Bifurcation of claims secured by storage facility, residence and vehicles into secured and unsecured claims granted.
Procedural posture
Plaintiff bankruptcy debtors, a husband and his wife, had separate chapter 13 cases under joint administration. The debtors brought an adversary proceeding against defendant judgment creditor seeking to bifurcate the creditor's claim into secured and unsecured claims and to avoid the creditor's judgment lien on exempt property. The debtors moved for summary judgment.
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:
- 11 U.S.C.
In re Dufva
May
13
2008
Ruling
730 day residency requirement for filing in debtor's new domicile reflects calander days not 24-hour periods.
Procedural posture
The debtors claimed exemptions under Nevada's exemption laws. The chapter 7 Trustee objected claiming that Missouri's exemption laws applied. The issue was how to calculate "the 730 days immediately preceding the date of the filing of the petition" under 11 U.S.C.S. § 522(b)(3)(A).
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Court
:
- 11 U.S.C.
In re Freeman
Apr
30
2008
Ruling
Tax refund could qualify for state exemption as tenancy by the entireties property.
Procedural posture
A debtor claimed her anticipated federal tax refund as exempt under Fla. Const. art. X, § 4(a)(2), Fla. Stat. § 222.25(4), and 11 U.S.C.S. § 522(b)(3)(B) as property owned as a tenant by the entireties (TBE). The chapter 7 trustee objected.
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Court
:
- 11 U.S.C.
In re Jevne
Apr
02
2008
Ruling
Debtors who had not resided in filing state for 730 days preceeding petition date could claim applicable exemptions from state of prior domicile.
Procedural posture
The debtors filed for relief under chapter 7 of the Bankruptcy Code and claimed a homestead exemption pursuant to R.I. Gen. Laws § 9-26-4.1. A trustee objected to the claimed exemption and sought a turnover of the exempted assets.
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Court
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