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§ 522(d)

In re Victor

May
03
2006
Ruling
Court ruled trustee could liquidate a trailer owned as marital community property subject to debtor's claimed exemption in a one-half interest in the trailer.
Procedural posture

The matter came before the court on the trustee's objection to debtor's third amendment to change chapter 7 claim of exemptions.

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opinion summary, case decided on May 03, 2006 , LexisNexis #0606-017
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In re Giles

Apr
10
2006
Ruling
Debtor was granted motion to avoid a creditor's lien in an automobile since the lien was nonpossessory and impaired debtor's exemption of the automobile as a tool of debtor's trade.
Procedural posture

A bankruptcy debtor obtained a loan from a creditor which was secured by the debtor's automobile, and the debtor defaulted on the loan prior to filing her bankruptcy petition, but the creditor did not repossess the automobile. The creditor moved for relief from the automatic stay to enforce its lien, and the debtor moved to avoid the lien under 11 U.S.C. § 522 as impairing the debtor's exemption of the automobile as a tool of her trade.

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opinion summary, case decided on April 10, 2006 , LexisNexis #0406-110
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Skiba v. Andrzejewski (In re Andrzejewski)

Mar
09
2006
Ruling
Debtors were allowed to exempt a personal injury award and a portion of their IRA account.
Procedural posture

Respondent debtors had filed a voluntary petition for bankruptcy relief pursuant to chapter 7. Movant trustee objected to a claimed exemption by the debtors for amounts in an Individual Retirement Account ("IRA"), to the extent the claim exceeded the amount allowed under 11 U.S.C. § 522(d)(5), the trustee objected to a claimed exemption for personal injury payments received.

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opinion summary, case decided on March 09, 2006 , LexisNexis #0406-051
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In re Reed

Jun
10
2005
Ruling
Trustee's objection to homestead exemption applied to realty in which debtor did not reside was overruled since debtor's former spouse who resided there qualified as a dependent at the time of filing.
Procedural posture

Chapter 7 trustee objected to the debtor's claim of exemption involving the debtor's asserted homestead exemption in realty in which the debtor did not live.

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opinion summary, case decided on June 10, 2005 , LexisNexis #0106-079
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