- 11 U.S.C.
In re Rhodes
May
30
2013
Ruling
Debtor could not newly assert exemption not raised in original Schedule C.
Procedural posture
Debtor filed her voluntary petition under chapter 7 of the United States Bankruptcy Code, 11 U.S.C.S. § 101 et seq. The Trustee objected to the debtor's claimed exemption in a personal injury suit (first objection). The Trustee was allowed to employ special counsel to handle the personal injury claim. The bankruptcy court approved a stipulation settling the Trustee's first objection. The Trustee objected to the debtor's fourth amended Schedule C.
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Court
:
In re Murphy
Mar
06
2013
Ruling
Debtor's personal injury lawyer ordered to turn over settlement proceeds, which were not exempt, pursuant to original terms of plan.
Procedural posture
Debtors, a husband and wife, declared chapter 13 bankruptcy and proposed a plan for paying their creditors. The court entered an order in November 2010 which confirmed the debtors' plan, and almost two years later the chapter 13 trustee filed a motion to modify the debtors' plan and the debtors filed a motion to modify the court's confirmation order. The court held hearings on the trustee's motion and the debtors' motion.
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Court
:
- 11 U.S.C.
In re Stoner
Mar
06
2013
Ruling
Interest in house inherited by debtor from father and then sold was not eligible for homestead exemption.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and claimed that an interest in a house he inherited from his father was exempt from creditors' claim under 11 U.S.C.S. § 522(d)(1). A trustee who was appointed to administer the debtor's case filed an objection to the debtor's claim.
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Court
:
- 11 U.S.C.
In re James
Feb
22
2013
Ruling
Exemption in two individual IRAs allowed over trustee's objection.
Procedural posture
Chapter 7 trustee objected to the debtor's claimed exemption in two individual retirement accounts (IRAs) under 11 U.S.C.S. § 522(d)(12).
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Court
:
- 11 U.S.C.
In re Feliciano
Feb
20
2013
Ruling
Debtors could claim exemption in out-of-state property only under "wild card" exemption.
Procedural posture
Debtors filed a petition under chapter 7 of the Bankruptcy Code and claimed that real property they owned in Puerto Rico and a vehicle they owned were exempt from creditors' claims. A trustee who was appointed to administer the debtors' bankruptcy case filed objections to the debtors' claims.
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Court
:
- 11 U.S.C.
In re Phillips
Dec
27
2012
Ruling
"Double" personal injury exemptions claimed by debtor disallowed.
Procedural posture
Chapter 7 trustee filed a motion to disallow two personal injury exemptions claimed by chapter 7 debtor under 11 U.S.C.S. § 522(d)(11)(D).
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Court
:
In re Greenly
Oct
12
2012
Ruling
Monthly personal injury settlement payments needed for support were exempt but additional lump sum payments were not exempt.
Procedural posture
Debtors declared chapter 7 bankruptcy and claimed that monthly payments the female debtor received under a structured settlement agreement were exempt from creditors' claims. The debtors amended their schedules and claimed that monthly payments and lump-sum payments the female debtor received under the settlement and an annuity were exempt from creditors' claims. The chapter 7 trustee filed an objection to the debtors' claim.
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Court
:
- 11 U.S.C.
In re Demeter
Aug
31
2012
Ruling
Debtors could claim homestead exemption in second residence.
Procedural posture
Joint debtors each claimed a homestead exemption in their second residential real property as a "residence," pursuant to 11 U.S.C.S. § 522(d)(1). The chapter 7 trustee objected, arguing that the property did not qualify as property that the debtor or a dependent of the debtor uses as a residence, within the meaning of § 522(d)(1), because the property claimed was not the debtors' principal residence.
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Court
:
In re Messina
Aug
06
2012
Ruling
Debtors' failure to timely file for an exemption precluded them from claiming an exemption in proceeds of trustee's sale of their residence.
Procedural posture
Appellee trustee moved to value appellant chapter 7 debtors' exemptions at zero. The bankruptcy court granted the trustee's motion and denied the debtors' cross-motion to require the trustee to pay their claimed exemptions. The United States District Court for the District of New Jersey's initial decision in favor of the debtors was remanded. On remand, the district court affirmed the bankruptcy court's decision. The debtors appealed.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
Foellmi v. Ries (In re Foellmi)
Jul
31
2012
Ruling
Debtor could claim exemption in interests in limited partnership distributed by employee benefit plan.
Procedural posture
A chapter 7 debtor claimed an exemption under Minn. Stat. § 550.37, subd. 24, for limited partnership units she received from her employer. The United States Bankruptcy Court for the District of Minnesota denied the claim of exemption. The debtor appealed.
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Court
:
Judge or Jurisdiction information not available