Winter Leadership Conference | December 5-7 | Rancho Palos Verdes , CA Register Today View Schedule

Search Opinion

Whatley v. Stijakovich-Santilli (In re Stijakovich-Santilli)

Ruling: 
Bankruptcy court erred in holding that trustee could not file a late objection to a homestead exemption on grounds of fraud.
ABI Membership is required to access the full summary of Whatley v. Stijakovich-Santilli (In re Stijakovich-Santilli). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 15,2015, LexisNexis #0116-138

In re Tallerico

Ruling: 
Burden of proof on objection to debtor's claimed state law exemption was to be determined by state law and could not be altered by the Federal Rules of Bankruptcy Procedure.
ABI Membership is required to access the full summary of In re Tallerico. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 30,2015, LexisNexis #0715-140

In re Charles

A chapter 7 trustee objected to a debtor's claim of amended exemption under N.D.C.C. § 28-22-03 on the grounds that his amendment claiming an increased homestead exemption was made in bad faith.
Ruling: 
Debtor's amended, increased homestead exemption denied for bad faith.
ABI Membership is required to access the full summary of In re Charles. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 05,2013, LexisNexis #0213-138

In re Daniels

Debtors filed a petition under chapter 13 of the Bankruptcy Code and proposed a plan for paying their creditors. The court confirmed the debtors' plan in February 2012, and in September 2012 a trustee who was appointed to administer the debtors' plan filed a motion to dismiss the debtors' case for failure to modify their plan. The court held a hearing on the trustee's motion.
Ruling: 
Trustee's motion to dismiss for failure to include settlement funds in plan denied due to failure to file timely objection.
ABI Membership is required to access the full summary of In re Daniels. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 29,2013, LexisNexis #0213-103

In re Wenstrom

A chapter 7 bankruptcy trustee filed an objection to the homestead exemption claimed by the debtor on the ground that the debtor did not have a recognizable homestead interest in the property at the time she petitioned the court for bankruptcy relief.
Ruling: 
Objection to homestead exemption overruled where trustee failed to show that debtor abandoned interest in homestead equity.
ABI Membership is required to access the full summary of In re Wenstrom. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on January 28,2013, LexisNexis #0213-104

In re Woerner

Before the court was the Objection to Debtor's Exemptions filed by creditors and parties in interest ("objectors"). Although no response was filed, debtor contested the timeliness as well as the substance of the Objection at hearing.
Ruling: 
Objection to exemptions filed within 30 days of debtor's most recent amended schedules was timely.
ABI Membership is required to access the full summary of In re Woerner. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 25,2012, LexisNexis #1012-103

In re Petrosine

Objections to amended exemption claims asserted by debtor were filed by a creditor that was debtor's ex-employer and the chapter 7 trustee. At issue was whether the objectors had established, by the preponderance of the evidence required by Fed. R. Bankr. P. 4003, that the exemptions were properly disallowed.
Ruling: 
Exemptions disallowed due to deliberate concealment of assets.
ABI Membership is required to access the full summary of In re Petrosine. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on September 13,2012, LexisNexis #1012-032

In re Hernandez

The chapter 7 trustee filed an objection to debtor's motion to inform an amendment of his schedules B and C to change the value of a case he held as plaintiff in a non-federal court of first instance, and to amend his claimed exemptions, under 11 U.S.C.S. § 522, based on that new value.
Ruling: 
Trustee's objection to debtor's timely motion to amend value of cause of action and related exemption denied.
ABI Membership is required to access the full summary of In re Hernandez. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 14,2012, LexisNexis #0712-098

In re Roberts

A Chapter 7 trustee filed an objection to a debtor's claim of a homestead exemption on the grounds that she abandoned her homestead under Iowa law. The trustee also argued that the debtor was not entitled to use the Iowa homestead exemption extraterritorially for California property.
Ruling: 
Trustee's objection to debtor's homestead exemption overruled as untimely raised.
ABI Membership is required to access the full summary of In re Roberts. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on December 29,2010, LexisNexis #0111-139

In re White

This matter came before the court on the Amended Objection to Debtors' Claim of Exemptions and the Motion for Turnover of Property of the Estate filed by the chapter 7 Trustee against debtors.
Ruling: 
Trustee's objection to exemptions sustained and turnover ordered due to debtor's failure to produce business records.
ABI Membership is required to access the full summary of In re White. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on June 22,2010, LexisNexis #0910-064

Pages