§ 522(p)

Gamboa, In re

Ruling: 
Judgment creditors' objections to debtor's homestead exemption claim denied where evidence established that when he filed the case, debtor was living on the property and had the intent to permanently reside there. (Bankr. S.D. Fla.)
ABI Membership is required to access the full summary of Gamboa, In re. 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 21,2017, LexisNexis #0218-040

Zakarian, In re

Ruling: 
The debtor was found to be entitled to a statutory homestead exemption but the cap on hishomestead exemption was still applied as a limitation. (Bankr. D. Mass.)
ABI Membership is required to access the full summary of Zakarian, In re. 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 August 03,2017, LexisNexis #0917-010

Caldwell v. Nelson (In re Caldwell)

Ruling: 
Bankruptcy court erred in limiting debtor's homestead exemption.
ABI Membership is required to access the full summary of Caldwell v. Nelson (In re Caldwell). 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 24,2016, LexisNexis #0316-085

Bruess v. Dietz (In re Bruess)

Ruling: 
Debtor's homestead exemption limited where the property was acquired within 1215 days prior to petition date.
ABI Membership is required to access the full summary of Bruess v. Dietz (In re Bruess). 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 October 29,2015, LexisNexis #1115-118

Wiggains v. Reed (In re Wiggains)

Ruling: 
Non-debtor spouse not allowed compensation in excess of cap upon sale of homestead.
ABI Membership is required to access the full summary of Wiggains v. Reed (In re Wiggains). 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 August 21,2015, LexisNexis #0915-049

Kim v. Dome Entmt Center Inc. (In re Kim)

Ruling: 
Bankruptcy code limitation on unlimited state homestead exemption of non-debtor spouse was proper and not an unconstitutional taking.
ABI Membership is required to access the full summary of Kim v. Dome Entmt Center Inc. (In re Kim). 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 April 09,2014, LexisNexis #0614-115

In re Peake

Before the court was the chapter 7 trustee's objection to debtor's homestead exemption. The trustee objected to the exemption of debtor's share of the homestead, claiming that he acquired all of it within 1,215 days of filing and that any equity he had in it was subject to the 11 U.S.C.S. § 522(p) limitation.
Ruling: 
Trustee's objection to homestead exemption overruled as debtor did not receive interest in property within 1215 days of petition date and was not subject to cap.
ABI Membership is required to access the full summary of In re Peake. 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 October 15,2012, LexisNexis #1112-013

McCombs v. HD Smith Wholesale Drug Co. (In re McCombs)

A trustee and nondebtor spouse (wife) appealed the U.S. Bankruptcy Court for the Southern District of Texas' grant of summary judgment to a judgment creditor. The trustee and the wife argued the bankruptcy court erred in holding that the creditor had an enforceable lien against the proceeds of the sale of the debtor's homestead property in excess of the $125,000 homestead exemption.
Ruling: 
Bankruptcy court erred in finding that judgment creditor held an enforceable lien on proceeds of exempt homestead.
ABI Membership is required to access the full summary of McCombs v. HD Smith Wholesale Drug Co. (In re McCombs). 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 October 04,2011, LexisNexis #1011-112

In re Ellis

Before the court was the Chapter 7 Trustee's objection filed pursuant to 11 U.S.C.S. § 522(p) to debtor's claim of exemption.
Ruling: 
Debtor's spouse entitled to benefit of debtor's homestead exemption subject to statutory cap.
ABI Membership is required to access the full summary of In re Ellis. 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 March 25,2011, LexisNexis #0411-116

Greene v. Savage (In re Green)

Appellant debtor sought judicial review of the decision of a bankruptcy court that limited the debtor's homestead exemption to $ 125,000 pursuant to 11 U.S.C.S. § 522(p). The United States District Court for the District of Nevada affirmed. The debtor appealed.
Ruling: 
Monetary cap did not apply to debtor's claimed homestead exemption.
ABI Membership is required to access the full summary of Greene v. Savage (In re Green). 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 October 02,2009, LexisNexis #1109-067

Pages

Subscribe to § 522(p)