Aug
09
2021
Egizii, In re
Ruling:
Debtor's claim of exemption in a residential condominium was allowed as he held title withhis wife as tenants by the entirety, and controlling state law protected the property fromclaims by the creditors of only one of the spouses. (Bankr. C.D. Ill.)
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Consumer case opionion summary, case decided on August 09,2021, LexisNexis #0921-087
Jul
29
2021
Wheatley, In re
Ruling:
Debtor who lived in Illinois but also owned a condominium in Michigan with his wife couldclaim an exemption in the Michigan property as the phrase "applicable nonbankruptcy law" in§ 522(b)(3)(B) is not limited to the law of debtor's domicile state. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on July 29,2021, LexisNexis #0921-058
Jul
30
2021
Spak, In re
Ruling:
Debtor was not entitled to exemption for expense of replacing automobile because trustee haddemonstrated that funds were not reasonably necessary for support of debtor or anydependent of debtor. (Bankr. D.N.J.)
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Consumer case opionion summary, case decided on July 30,2021, LexisNexis #0921-059
Court: Judge or Jurisdiction information not available
Jul
28
2021
Minkina, In re
Ruling:
Chapter 13 debtor was entitled to avoidance of a judicial lien against her residence in itsentirety because the lien impaired the homestead exemption to which she was entitled. (Bankr.D. Mass.)
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Consumer case opionion summary, case decided on July 28,2021, LexisNexis #0921-035
Jan
14
2021
Sawyers, In re--David G. Waltrip, LLC v. Sawyers
Ruling:
Bankruptcy court did not abuse its discretion in allowing debtor to reopen her bankruptcycase to avoid a judicial lien on her homestead property as the property was properly exemptunder § 522. (8th Cir.)
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Consumer case opionion summary, case decided on January 14,2021, LexisNexis #0821-059
Court: Judge or Jurisdiction information not available
Jun
17
2021
Perez, In re
Ruling:
Bankruptcy court properly overruled trustee’s objection to debtor’s homestead exemption.(B.A.P. 9th Cir.)
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Consumer case opionion summary, case decided on June 17,2021, LexisNexis #0821-009
Jun
09
2021
Banfi, In re
Ruling:
Reconsideration of order permitting avoidance of lien was warranted due to the SecondCircuit’s clarification of the term "residence." (Bankr. E.D.N.Y.)
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Consumer case opionion summary, case decided on June 09,2021, LexisNexis #0721-083
May
20
2021
Rivera, In re--Albarran v. Rivera
Ruling:
Bankruptcy court did not err in holding that debtor was entitled to a homestead exemptiondespite failure of all titleholders to execute homestead deed. (B.A.P. 1st Cir.)
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Consumer case opionion summary, case decided on May 20,2021, LexisNexis #0721-035
Apr
23
2021
Freeman, In re
Ruling:
Debtor could not claim a homestead exemption on property located in California as theclaimed property did not meet the definition of a homestead under Mississippi law when heabandoned the property years ago and did not intend to return. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on April 23,2021, LexisNexis #0621-010
Mar
01
2021
Whitten, In re
Ruling:
Language “with rights of survivorship” in deed did not automatically defeat debtor's claim ofexemption as a right of survivorship was an element of a tenancy by the entirety. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on March 01,2021, LexisNexis #0421-035
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