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§ 522(p)(1)

Lyster, In re

Dec
12
2024
Ruling
Debtor allowed homestead exemption including former spouses’ 50% community property interest acquired through divorce proceedings within 1,215 days prior to bankruptcy. (Bankr. N.D. Tex.)
Issue(s)
Exemptions; Limitation on Homestead Exemption; Applicability.

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Consumer opinion summary, case decided on December 12, 2024 , LexisNexis #0225-064
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Crawford, In re

Apr
28
2023
Ruling
Value of debtor’s homestead was capped when he filed the Chapter 7 petition. (Bankr. D. Nev.)
Issue(s)
Exemptions; Limitation on Homestead Exemption; Applicability.

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Consumer opinion summary, case decided on April 28, 2023 , LexisNexis #0723-007
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Davis, In re

Jul
06
2022
Ruling
Debtors who filed jointly and owned their home as community property were entitled todouble their homestead exemption cap to $340,700. (Bankr. W.D. Wash.)
Issue(s)
Exemptions; Limitation on Homestead Exemption; Applicability.

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Consumer opinion summary, case decided on July 06, 2022 , LexisNexis #0822-062
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Caldwell v. Nelson (In re Caldwell)

Feb
24
2016
Ruling
Bankruptcy court erred in limiting debtor's homestead exemption.
Issue(s)
Where debtor transferred title to real property to and from a trust and an LLC, whether a bankruptcy court erred when it limited his homestead exemption under 11 U.S.C.S. § 522(p)(1) because the property was conveyed by the LLC to the trust during the 1215-day period preceding his petition.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on February 24, 2016 , LexisNexis #0316-085
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Bruess v. Dietz (In re Bruess)

Oct
29
2015
Ruling
Debtor's homestead exemption limited where the property was acquired within 1215 days prior to petition date.
Issue(s)
In the context of 11 U.S.C.S. § 522(p)(1)(A), whether debtor "acquired" the property in which she claimed her homestead exemption within the 1215-day period preceding the filing of the petition thus limiting her homestead exemption to $155,675.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on October 29, 2015 , LexisNexis #1115-118
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Wallace v. Rogers (In re Rogers)

Jan
04
2008
Ruling
Debtor was entitled to full homestead exemption in property acquired outside statutory period and not subject to cap.
Procedural posture

Appellant judgment creditor appealed the District Court for the Northern District of Texas' affirmance of a bankruptcy court's finding that appellee debtor was entitled to a homestead exemption in property awarded to her in a divorce decree but inherited before marriage. The creditor argued 11 U.S.C. § 522(p)(1) applied because the homestead interest was acquired within the 1,215-day period before filing bankruptcy petition.

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Court :
Judge or Jurisdiction information not available
Consumer opinion summary, case decided on January 04, 2008 , LexisNexis #0108-120
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In re Greene

Jul
27
2006
Ruling
Debtor's homestead exemption was capped at $125,000 pursuant to section 522(p)(1).
Procedural posture

Debtor filed a chapter 7 bankruptcy petition, claiming a parcel of undeveloped land with a travel trailer as his homestead exemption under Nev. Rev. Stat. §§ 115.005(2) and 115.010. A creditor objected to the claim of exemption and argued that even if valid, the exempted amount had to be reduced to $125,000 pursuant to 11 U.S.C. § 522(p)(1) because the homestead was an interest acquired within 1,215 days of the petition.

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opinion summary, case decided on July 27, 2006 , LexisNexis #0806-110
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In re Wagstaff

Mar
20
2006
Ruling
Trustee's objection to debtor's claimed exemption in residence held as tenancy by entirety was sustained since section 522(p)(1)'s $125,000 limitation applied and one creditor's claim was against both debtor and debtor's husband.
Procedural posture

The debtor filed a proceeding for relief under chapter 7 and claimed a homestead exemption and a tenancy by the entireties exemption. The trustee objected to the claimed property exemptions.

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opinion summary, case decided on March 20, 2006 , LexisNexis #0606-110
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