§ 522(d)(5)

White, In re

Ruling: 
Court directed debtor to account for exact amount of rental income claimed as exempt. (Bankr.E.D. Mich.)
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Consumer case opionion summary, case decided on January 10,2020, LexisNexis #0220-056

Cruz, In re

Ruling: 
Court ruled that debtor could amend her schedules and exempt the proceeds of her unusedbut accumulated sick leave from property of the estate. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on May 18,2018, LexisNexis #0618-072

Poivey, In re

Ruling: 
Royalty check proceeds were marital property to which debtor husband was entitled to applyhis wildcard exemption rights. (Bankr. E.D. Wis.)
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Consumer case opionion summary, case decided on May 11,2018, LexisNexis #0618-043

In re Colon

Ruling: 
Salaries earned by debtors between filing of chapter 11 case and conversion to chapter 7 wereproperty of the estate. (Bankr. D.P.R.)
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Consumer case opionion summary, case decided on October 05,2016, LexisNexis #1016-113

In re Landsinger

Bankruptcy debtors, husband and wife, claimed exemptions in an interest in real property which the wife received as a gift, and payments on a mortgage against the property were paid with marital funds. The bankruptcy trustee objected to the husband's claim of exemption, and the parties' submissions were treated as cross-motions for summary judgment.
Ruling: 
Debtor's exemption in property inherited by spouse limited to one half of mortgage payments made with marital funds.
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Consumer case opionion summary, case decided on July 23,2012, LexisNexis #0812-077

In re Young

After chapter 7 debtors, a husband and wife, filed a joint chapter 7 petition, the wife claimed an exemption in a vehicle under 11 U.S.C.S. § 522(d)(5). The trustee objected.
Ruling: 
Debtor not entitled to claim exemption in vehicle owned by debtor spouse.
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Consumer case opionion summary, case decided on March 20,2012, LexisNexis #0412-045

In re Padilla

This case was before this court upon the trustee's objection to debtors' claim for exemption under 11 U.S.C.S. § 522(d)(5) and the oppositions filed by debtors.
Ruling: 
Debtor could not claim exemption in property owned solely by co-debtor spouse.
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Consumer case opionion summary, case decided on November 28,2011, LexisNexis #1211-119

In re Okwonna-Felix

Movant debtor sought to exempt $5,337.50 in proceeds to be paid pursuant to a settlement of a lawsuit against its insurer received from a breach of contract cause of action for the insurer's failure to pay sufficient proceeds under a policy after Hurricane Ike damaged the debtor's homestead. A secured creditor, the debtor's mortgagee, claimed an interest in the proceeds as well.
Ruling: 
Settlement proceeds from undisclosed lawsuit were exempt but subject to lien of secured creditor.
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Consumer case opionion summary, case decided on August 03,2011, LexisNexis #0911-043

In re Wiczek

This Chapter 7 case came before the court on the Chapter 7 Trustee's objection to debtors' amended claim of exemption in certain assets. Also, the Trustee requested an evidentiary hearing on her allegations of bad faith, and any inherent request for imposition of sanctions on debtors.
Ruling: 
Debtors could not claim administrative expense claim in excess of amount available under §522(d)(5).
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Consumer case opionion summary, case decided on June 16,2011, LexisNexis #0711-115

In re Trudell

Debtors filed a petition under chapter 7, and a trustee was appointed to administer their bankruptcy estate. The trustee filed an objection to the debtors' claim that they were entitled under 11 U.S.C.S. § 522(d)(5) to exempt federal and state tax refunds they received for 2008 from property that was included in their bankruptcy estate.
Ruling: 
Tax refunds not expected at time debtors completed schedules were exempt but attorney would be considered for possible sanctions.
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Consumer case opionion summary, case decided on February 19,2010, LexisNexis #0510-014

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