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§ 522(d)

Gross, In re

Ruling
Debtors could not claim an exemption greater than their equity in the subject real property.(Bankr. D.N.J.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on March 07, 2022 , LexisNexis #0522-012

Richards, In re

Ruling
Homestead exemption did not apply to proceeds from pre-petition sale. (Bankr. W.D. Ky.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Consumer opinion summary, case decided on January 10, 2022 , LexisNexis #0222-084

Wainer, In re

Ruling
Trustee's objection to debtors' claimed exemption in annuity proceeds overruled. (Bankr. E.D.Pa.)
Issue(s)
Exemptions; Types of Exempt Property; Benefits Akin to Future Earnings; Pensions

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Consumer opinion summary, case decided on November 16, 2021 , LexisNexis #0122-039

Spak, In re

Ruling
Debtor was not entitled to exemption for expense of replacing automobile because trustee haddemonstrated that funds were not reasonably necessary for support of debtor or anydependent of debtor. (Bankr. D.N.J.)
Issue(s)
Exemptions; Types of Exempt Property; Compensation for Losses; Loss of Future

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on July 30, 2021 , LexisNexis #0921-059

Banfi, In re

Ruling
Reconsideration of order permitting avoidance of lien was warranted due to the SecondCircuit’s clarification of the term "residence." (Bankr. E.D.N.Y.)
Issue(s)
Exemptions; Types of Exempt Property.

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Consumer opinion summary, case decided on June 09, 2021 , LexisNexis #0721-083

Maresca, In re--Donovan v. Maresca

Ruling
Debtor could claim federal homestead exemption in real property used by dependent asprimary residence. (2d Cir.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 22, 2020 , LexisNexis #0121-081

Luedke, In re

Ruling
Debtors, as settlors, trustees, and beneficiaries of a self-settled revocable trust had an"aggregate interest" in the residence as debtors were the effective owners of the property heldby the trust. (Bankr. E.D. Wis.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Consumer opinion summary, case decided on July 28, 2020 , LexisNexis #0920-007

Kauer, In re

Ruling
Court overruled the trustee's objection to the debtors' claim to the federal exemptions as thetrustee could not point to a single exemption under Idaho law that the debtors could claim.(Bankr. D. Ariz.)
Issue(s)
Exemptions; Types of Exempt Property.

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Consumer opinion summary, case decided on June 29, 2020 , LexisNexis #0920-006

Raessler, In re

Ruling
Bankruptcy court looked to legislative history to apply state exemption in absence of highcourt ruling. (Bankr. D. Me.)
Issue(s)
Exemptions; Types of Exempt Property; Interest in Residential Property or Burial Plot.

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Consumer opinion summary, case decided on January 10, 2020 , LexisNexis #0220-055

White, In re

Ruling
Court directed debtor to account for exact amount of rental income claimed as exempt. (Bankr.E.D. Mich.)
Issue(s)
Exemptions; Types of Exempt Property; General Surplus.

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Consumer opinion summary, case decided on January 10, 2020 , LexisNexis #0220-056