- 11 U.S.C.
In re Landsinger
Jul
23
2012
Ruling
Debtor's exemption in property inherited by spouse limited to one half of mortgage payments made with marital funds.
Procedural posture
Bankruptcy debtors, husband and wife, claimed exemptions in an interest in real property which the wife received as a gift, and payments on a mortgage against the property were paid with marital funds. The bankruptcy trustee objected to the husband's claim of exemption, and the parties' submissions were treated as cross-motions for summary judgment.
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Court
:
- 11 U.S.C.
In re Holland
Jul
09
2012
Ruling
Amended claim of exemption in real property denied as debtors did not use the property as a residence on petition date.
Procedural posture
A chapter 7 trustee filed an objection to the debtors' second amended claims of exemption in real property under 11 U.S.C.S. § 522(d)(1). At issue was whether, as of the date on which the debtors filed their chapter 7 case, they used the property at issue as a residence.
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Court
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In re Dang
Jun
13
2012
Ruling
Worker's compensation check received and deposited the day after the petition date was exempt.
Procedural posture
Chapter 7 trustee objected to the debtor's claimed exemption, sought pursuant to 11 U.S.C.S. § 522(d)(10)(C) and (d)(11)(E), in funds received as the result of a settlement of a worker's compensation claim.
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Court
:
- 11 U.S.C.
In re Butler
May
29
2012
Ruling
Debtor's interest in partnership established by employer for employees was exempt.
Procedural posture
Debtor filed a petition under chapter 7 of the Bankruptcy Code and claimed that money she invested in a partnership that was available to individuals who worked for her employer was exempt from creditors' claims under 11 U.S.C.S. § 522(d)(10)(E). A trustee who was appointed to administer the debtor's bankruptcy estate filed an objection.
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Court
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In re Long
May
07
2012
Ruling
Debtor who had not lived in district for requisite period and whose former state limited exemptions to residents could claim federal exemptions.
Procedural posture
Before the court in debtor's bankruptcy case was the chapter 13 Trustee's objection to exemption.
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Court
:
- 11 U.S.C.
In re Kaplan
Mar
26
2012
Ruling
Debtor not entitled to exemption in farm property he could not establish was his residence.
Procedural posture
A debtor owned a residential property and a farm property, and the debtor claimed the farm property as exempt under 11 U.S.C.S. § 522(d)(1) as the debtor's residence. A creditor secured by the farm property objected to the exemption.
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Court
:
- 11 U.S.C.
In re Young
Mar
20
2012
Ruling
Debtor not entitled to claim exemption in vehicle owned by debtor spouse.
Procedural posture
After chapter 7 debtors, a husband and wife, filed a joint chapter 7 petition, the wife claimed an exemption in a vehicle under 11 U.S.C.S. § 522(d)(5). The trustee objected.
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Court
:
- 11 U.S.C.
Chilton v Moser (In re Chilton)
Mar
12
2012
Ruling
Inherited IRA properly held to be exempt.
Procedural posture
Appellant chapter 7 trustee sought judicial review of a decision by the District Court for the Eastern District of Texas to reverse a bankruptcy court's ruling that an inherited Individual Retirement Account (IRA) did not qualify for exemption under 11 U.S.C.S. § 522(d)(12).
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Court
:
Judge or Jurisdiction information not available
Massey v. Pappalardo (In re Massey)
Feb
27
2012
Ruling
Exemptions for residence and vehicle rather than value of the assets properly disallowed.
Procedural posture
Debtors claimed exemptions under 11 U.S.C.S. § 522(d) for 100 percent of the fair market value of their residence and a vehicle, but appellee bankruptcy trustee asserted that the exemptions exceeded statutory limits. The debtors appealed the order of the U.S. Bankruptcy Court for the District of Massachusetts which sustained the trustee's objection to the exemptions.
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Court
:
Judge or Jurisdiction information not available
- 11 U.S.C.
In re Graves
Jan
24
2012
Ruling
Debtor could not claim exemption in settlement proceeds of spouse's loss of consortium claim.
Procedural posture
A standing chapter 13 trustee objected to an amended claim of exemptions filed by the chapter 13 debtors. The trustee objected to the claim filed by the debtor wife for an exemption under 11 U.S.C.S. § 522(d)(11)(D) for a loss of consortium claim relating to a pre-petition automobile accident involving only the debtor husband.
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Court
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