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§ 522(b)

In re Kuceris

Ruling
Objection to homestead exemption sustained where debtor did not occupy property asprimary residence on petition date. (Bankr. D. Mass.)
Issue(s)
Should homestead exemption be denied in property in which neither of the debtors resided or intended to reside at the time they filed their bankruptcy petition?

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Consumer opinion summary, case decided on September 02, 2016 , LexisNexis #0916-118

In re Williams

Ruling
Debtor could claim exemption in inherited pension plan income stream. (Bankr. C.D. Cal.)
Issue(s)
Was debtor entitled to an exemption in an income stream from her deceased father's pension?

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Consumer opinion summary, case decided on August 16, 2016 , LexisNexis #0916-008

In re Abdallah

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

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Consumer opinion summary, case decided on July 01, 2016 , LexisNexis #0716-103

In re Pomeroy

Ruling
Debtor’s retirement plan, including real property, was exempt.
Issue(s)
Should trustee’s objection to the debtor's claim of exemption of an asset described by the debtor as an "ERISA Qualified Retirement Account" be sustained?

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Consumer opinion summary, case decided on June 21, 2016 , LexisNexis #0716-071

In re Conrad

Ruling
Debtor could not claim exemption in entireties property that was subject to a restitution judgment.
Issue(s)
Could debtor claim an exemption in entireties property that was subject to attachment to secure a restitution judgment?

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Consumer opinion summary, case decided on January 04, 2016 , LexisNexis #0116-115

In re Vance

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?

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Consumer opinion summary, case decided on December 17, 2015 , LexisNexis #0116-048

Lowe v. DeBerry (In re DeBerry)

Ruling
Proceeds from postpetition sale of exempt homestead were not property of the estate.
Issue(s)
Whether the proceeds from the post-petition sale of a chapter 7 debtor's properly exempted homestead be recovered by trustee if not reinvested in another homestead within six months following the date of sale as required by state law?

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Consumer opinion summary, case decided on October 28, 2015 , LexisNexis #1115-117

In re Felton

Ruling
Objection to exemption in debtor's entireties property overruled.
Issue(s)
Could debtor claim an exemption in entireties property owned with nondebtor spouse who had previously received a discharge?

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Consumer opinion summary, case decided on September 02, 2015 , LexisNexis #0915-113

In re Story

Ruling
Non-debtor spouse's waiver did not affect spouse's exemption in entireties property.
Issue(s)
Whether non-debtor spouse's execution of a waiver precludes debtor's claim of exemption in entireties property?

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Consumer opinion summary, case decided on August 11, 2015 , LexisNexis #0915-015

In re Edelson

Ruling
Debtor could claim exemption in property held in tenancy by the entirety.
Issue(s)
Whether the debtor's beneficial interest in her residence qualifies as a tenancy by the entirety, which would be subject to an exemption and unavailable to satisfy the claims of creditors holding claims only against the debtor?

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Consumer opinion summary, case decided on July 07, 2015 , LexisNexis #0815-013