Rodriguez, In re--Pinero v. Rodriguez
May
10
2022
Ruling
Reduction in debtors’ homestead exemption was not warranted as debtors did not engage inany wrongdoing in connection with the sale of their home and the use of the net salesproceeds to buy and renovate their next home. (Bankr. M.D. Fla.)
Issue(s)
Exemptions; Residences, Burial Plots and Homesteads.
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Court
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Johnson, In re
Jan
28
2022
Ruling
Debtor's exemption in her real property reduced where debtor defrauded the creditors whenshe knowingly caused property owned as tenants in common with the creditors to be sold andretained the net proceeds. (Bankr. D.D.C.)
Issue(s)
Exemptions; Residences, Burial Plots and Homesteads.
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Judge or Jurisdiction information not available
Martin, In re
Aug
02
2019
Ruling
Motion to dismiss granted where reconfiguring of debtor's automobiles was not a violation of11 U.S.C. § 522(o). (Bankr. D. Conn.)
Issue(s)
Exemptions; Residences, Burial Plots and Homesteads.
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Court
:
- 11 U.S.C.
Tinseth, In re
Mar
03
2017
Ruling
Debtor's receipt of payments from his granddaughter did not preclude him from claiming theproperty as exempt as the payments were used to pay the mortgage on the property. (Bankr.M.D. Fla.)
Issue(s)
Exemptions; Residences, Burial Plots and Homesteads; Homestead.
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Court
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McDermott v. Crabtree (In re Crabtree)
Jan
24
2017
Ruling
Bankruptcy appellate panel reversed the bankruptcy court's order reducing the amount ofhomestead exemption the debtors claimed as record showed that the court did not requiretrustee to show that debtors intended to defraud their creditors. (B.A.P. 8th Cir.)
Issue(s)
Exemptions; Residences, Burial Plots and Homesteads.
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Court
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Judge or Jurisdiction information not available
In re Savino
Sep
14
2016
Ruling
Title insurance company was not entitled to an equitable lien based on debtor’s fraudfollowing avoidance of judicial lien. (Bankr. D. Mass.)
Issue(s)
Could debtor avoid a judicial lien in favor of title insurer and if so was the insurer entitled to an equitable lien?
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Court
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In re Colliau
May
20
2016
Ruling
Trustee could not keep case open to see if liened property appreciated but equitable lien imposed to cover value of transfers made to defraud creditors.
Issue(s)
Where debtor's equity in property was less than statutory maximum could trustee keep the case open to see if the property appreciated to a higher value?
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Court
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Heartwood 4 LLC v. Tabor (In re Tabor)
Apr
12
2016
Ruling
Trustee's complaint objecting to debtor's homestead exemption where debtors changed the designation of their homestead dismissed.
Issue(s)
Were debtors barred from claiming an exemption in a house when they had previously claimed a condominium they owned as their homestead?
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Court
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In re Van Erem
Mar
18
2015
Ruling
Debtors entitled to homestead exemption in equity in home absent proof of intent to defraud in purchasing the home.
Issue(s)
Were funds utilized to purchase the debtors' home used with the intent to hinder, delay or defraud any creditor so as to prevent debtors from claiming a homestead exemption in the equity in the property?
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Court
:
- 11 U.S.C.
In re Roberts
Mar
11
2015
Ruling
Homestead exemption reduced where debtors acquired the property by liquidating nonexempt assets with intention of hindering, delaying or defrauding creditors.
Issue(s)
Whether the debtors' homestead exemption should be reduced in an amount equal to the value of non-exempt assets the debtors liquidated within ten years pre-petition?
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Court
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