Lerbakken, In re--Lerbakken v. Sieloff & Assocs., P.A.
Jan
23
2018
Ruling
Bankruptcy court correctly disallowed exemptions from the bankruptcy estate as debtor'sinterests in his ex-wife's IRA and 401(k) were not retirement funds. (8th Cir.)
Issue(s)
Exemptions; Choice Between Federal and State Law.
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Judge or Jurisdiction information not available
- 11 U.S.C.
Smith, In re
Jan
19
2018
Ruling
Individual retirement account debtor received from her mother was not exempt from creditor's claims. (Bankr. C.D. Ill.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Retirement Funds.
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Court
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- 11 U.S.C.
Kern, In re
Nov
29
2017
Ruling
Court ruled that merely owning a piece of property in another state and moving somepersonal items into it, with the intent to relocate there at some point in the future, did notsatisfy the prong that the debtors have a "physical presence" in the state. (Bankr. W.D. Va.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions.
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Court
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Drumheller, In re
Oct
04
2017
Ruling
Trustee's objection to claim of exemption for an annuity was premature and moot as thedebtor never transferred the annuity and never borrowed against it. (Bankr. D. Mass.)
Issue(s)
Exemptions; Choice Between Federal and State Law.
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Court
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- 11 U.S.C.
Kara, In re
Jul
13
2017
Ruling
Trustee's objection to the debtor's exemption in the inherited IRA denied as the claim ofexemption in the inherited IRA is a valid use of state exemptions. (Bankr. W.D. Tex.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions.
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Court
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- 11 U.S.C.
In re Felix
Jan
23
2017
Ruling
Trustee's objection to homestead exemption sustained as debtors' change in housing planswas a tactic to shield a valuable asset, rather than a valid assertion of domicile. (Bankr. S.D.Ohio)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law.
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Court
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- 11 U.S.C.
1910 Partners, In re--1910 Partners v. Ass'n of Apt. Owners of Canterbury Place
Jan
10
2017
Ruling
Debtors were not entitled to claim federal exemptions as during the relevant 180-day period of their petition, debtors where domiciled in North Dakota.
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Property Exempt Under Federal, State or Local Law
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Court
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- 11 U.S.C.
In re Buckley
Dec
29
2016
Ruling
Claim of exemption of real property allowed as the exemption survived the death of debtor'snon-filing cotenant spouse. (Bankr. D. Md.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Interests Held as Tenant by the Entirety or Joint Tenant.
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Court
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- 11 U.S.C.
Loventhal v. Edelson
Dec
21
2016
Ruling
Allowance of an exemption for property held by the debtor and her spouse as tennants byentireties granted. (7th Cir.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions; Interests Held as Tenant by the Entirety or Joint Tenant.
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Court
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( Judge Posner ) [ Circuit Court ]
- 11 U.S.C.
In re Harris
Oct
20
2016
Ruling
Debtor could not claim exemption recovered by trustee as a fraudulent conveyance. (Bankr. S.D. Tex.)
Issue(s)
Exemptions; Choice Between Federal and State Law; Alternative Exemptions.
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Court
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