- 11 U.S.C.
DeHart v. Miller (In re Miller)
Feb
05
2010
Ruling
Sum awarded to debtor in divorce was exempt property.
Procedural posture
Debtor filed a petition under chapter 13 and claimed that a payment in the amount of $ 88,500 which a master awarded her in a state-court divorce action was exempt property under 11 U.S.C.S. § 522(d)(10)(D). A law firm that represented the debtor in her divorce action filed a claim for $ 101,908 against the debtor's bankruptcy estate, and the firm and a chapter 13 trustee filed objections to the debtor's exemption claim.
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Court
:
In re Fink
Oct
27
2009
Ruling
Debtor who no longer owned or resided in property did not qualify for homestead exemption under either Bankruptcy Code or state law.
Procedural posture
The chapter 7 trustee filed an objection to the debtor's claim of $ 20,200 as a homestead exemption, where the debtor had quitclaimed his interest in the family residence to his former wife eight years prior, although he retained a mortgage lien on the property under their property settlement. The debtor opposed the objection, asserting his claim of exemption was valid under 11 U.S.C.S. § 522(d)(1).
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Court
:
- 11 U.S.C.
In re Lee
Sep
04
2009
Ruling
Debtor not entitled to exemption for federal child tax credit.
Procedural posture
Debtor filed a petition under chapter 7, and a trustee was appointed to administer the debtor's bankruptcy estate. The trustee filed a motion pursuant to 11 U.S.C.S. § 542, seeking an order requiring the debtor to turn over part of the federal and state tax refunds she received for 2008, and objected to exemptions the debtor claimed under 11 U.S.C.S. § 522(d)(10)(A).
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Court
:
In re Sparks
Aug
31
2009
Ruling
Debtor entitled to exemptions in proceeds of sale of home and mutual fund retirement account.
Procedural posture
Before the court was the "Trustee's Limited Objection to Debtor's Claim of Exemption."
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Court
:
- 11 U.S.C.
In re Law
Feb
20
2009
Ruling
Debtor's homestead exemption surcharged in entirety due to fraudulent deed of trust.
Procedural posture
On appeal, the Court of Appeals for the Ninth Circuit affirmed the bankruptcy appellate panel's decision that reversed the bankruptcy court's order surcharging the chapter 7 debtor's homestead exemption. On remand, the trustee renewed the motion to surcharge the debtor's homestead exemption.
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Court
:
- 11 U.S.C.
In re Crum
Feb
20
2009
Ruling
Non-IRA account containing proceeds of two IRA accounts was not exempt.
Procedural posture
A debtor filed for relief under chapter 7 of the Bankruptcy Code. The debtor claimed exemptions in three bank accounts totalling $254,902, $38,080, and $79 respectively and a claimed exemption in $11,000 conveyed to a third party pre-petition. A creditor and a chapter 7 trustee objected to the claimed exemptions.
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Court
:
In re Carpenter
Oct
14
2008
Ruling
Debtor's Social Security disability payments were not exempt.
Procedural posture
Debtor filed a petition under chapter 7, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to the debtor's claim that he was entitled to exempt a payment of $ 17,000 he received from the Social Security Administration from creditors' claims, pursuant to 11 U.S.C.S. § 522(d)(10)(A).
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Court
:
- 11 U.S.C.
In re Jackson
Sep
03
2008
Ruling
Bankruptcy court properly held that "loss of future earnings" refers only to postpetition future earnings.
Procedural posture
Appellant debtors challenged an order from a bankruptcy court, which found that the term "loss of future earnings" as used in 11 U.S.C.S. § 522(d)(11)(E) referred only to post- bankruptcy petition future earnings.
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Court
:
In re Regevig
Aug
21
2008
Ruling
State bankruptcy-only exemption was unconstitutional.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code, and a trustee was appointed to represent the bankruptcy estate. The trustee filed an objection to exemptions the debtors claimed for four vehicles, pursuant to Cal. Code Civ. Proc. § 703.140(b), and the bankruptcy court found that § 703.140(b) violated the Supremacy Clause of the U.S. Constitution. The debtors filed a motion for reconsideration or for a new trial.
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Court
:
In re Bienz
Jun
03
2008
Ruling
Debtors' entire personal injury settlement exempted absent objection.
Procedural posture
The debtors filed an application for approval of settlement of a personal injury claim for the husband and an application to employ counsel nunc pro tunc.
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Court
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