§ 522(b)(3)

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

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

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

Skelton, In re

Ruling: 
Debtor's motion to avoid judgment lien conditionally granted because creditor's lien didimpair a homestead exemption to which the debtor was entitled. (Bankr. N.D. Miss.)
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Consumer case opionion summary, case decided on December 16,2020, LexisNexis #0121-080

Givans, In re

Ruling: 
Entireties property transferred to a trust could not be exempted from claims of creditors.(Bankr. M.D. Fla.)
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Consumer case opionion summary, case decided on September 30,2020, LexisNexis #1120-031

Freed, In re

Ruling: 
Debtor could not claim homestead exemption since the mortgage specifically allowed for thehomestead to be liable for the debts. (Bankr. N.D. Iowa)
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Consumer case opionion summary, case decided on April 24,2020, LexisNexis #0620-035

Cline, In re--Helber v. Cline

Ruling: 
Chapter 7 trustee's motion to compel turnover of proceeds from debtors' pre-petition sale oftheir residence was denied as trustee failed to make a timely objection to the exemptionclaimed by debtors. (Bankr. N.D. Ill.)
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Consumer case opionion summary, case decided on April 01,2020, LexisNexis #0520-082

Wallwork, In re

Ruling: 
Trustee's objection to debtor’s Idaho homestead exemption sustained where debtor wasrequired to claim Maryland exemptions. (Bankr. D. Idaho)
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Consumer case opionion summary, case decided on February 20,2020, LexisNexis #0420-012

DiStefano, In re

Ruling: 
Bad faith is not grounds for denial of an exemption in debtor’s property. (Bankr. N.D.N.Y.)
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Consumer case opionion summary, case decided on September 30,2019, LexisNexis #1119-081

Collins, In re

Ruling: 
Trustee failed to overcome state's presumption that trailer was owned in tenancy by theentirety as debtor and his wife had identical and complete interest in the trailer. (Bankr. M.D.Fla.)
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Consumer case opionion summary, case decided on March 27,2019, LexisNexis #0519-081

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