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11 U.S.C. § 522. Exemptions

Wicklund v. Robert D. Johnson Trust (In re Wicklund)

Citation: 
BAP No. WW-14-1424-KiFJu (BAP 9th Cir. March 15, 2016) (Unpublished)
Ruling: 
The BAP for the 9th Circuit affirmed the bankruptcy court’s (W.D. Wa.) orders denying Jeffrey’s claim of homestead exemption and denying chapter 13 debtor's motion to alter or amend the order denying debtor's homestead exemption. The bankruptcy court’s conclusion was ...
Judge(s): 
Kirscher, Faris, and Jury
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Caldwell v. Nelson (In re Caldwell)

Citation: 
9th Circuit BAP Case No. NV-15-1074-JuKiD (Order Published February 24, 2016)
Ruling: 
The Ninth Circuit Bankruptcy Appellate Panel ("BAP") reversed the bankruptcy court's ruling sustaining the Chapter 7 Trustee's ("Trustee") objection to Patrick H. Caldwell's ("Debtor") asserted homestead exemption. The BAP concluded that the transfer of title of real property from ...
Judge(s): 
Bankruptcy Judges JURY, KIRSCHER, and DUNN
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Clabaugh v. Grant (In re Grant)

Citation: 
No. WO-15-035 (10th Cir. B.A.P. Feb. 4, 2016).
Ruling: 
Bankruptcy court correctly avoided judicial lien against debtor’s homestead despite debtor’s fraudulent and inequitable conduct that warranted denial of discharge under § 727. Affirmed.
Judge(s): 
Karlin, Cornish, and Michael.
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CRP Holdings, A-1, LLC v. O'Sullivan (In re O'Sullivan)

Citation: 
No. 15-6020 (8th Cir. B.A.P. Jan. 19, 2016).
Ruling: 
BAP affirmed bankruptcy court's finding that 522(f)(1) permits a debtor to avoid any judicial lien, including inchoate and unenforceable lien, that "fixes" upon exempt property.
Judge(s): 
Kressel, Schermer, and Nail.
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Ludvigsen v. Osborne

Citation: 
Ludvigsen v. Osborne, BAP No. MB 14-039 (B.A.P. 1st Cir. Jan. 16, 2015)
Ruling: 
The Bankruptcy Appellate Panel REVERSED and REMANDED the matter to the bankruptcy court as the bankruptcy court abused its discretion in declining to reopen the chapter 7 case when it declined to consider the merits of any lien avoidance motion ...
Judge(s): 
Deasy, Kornreich, and Finkle
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Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC)

Citation: 
Wells Fargo Bank v. Sonora Desert Dairy (In re Sonora Desert Dairy, LLC) 9th Cir. B.A.P., BAP Nos. AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]
Ruling: 
The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to the Debtor. The Bankruptcy Appellate Panel affirmed the second order appealed by ...
Judge(s): 
KIRSCHER, DUNN and JURY, Bankruptcy Judges
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Cirilli v. Bronk (In re Bronk)

Citation: 
Cirilli v. Bronk (In re Bronk), Nos. 13-1123 & 13-1516, --- WL --- (7th Cir. Jan. 5, 2014)
Ruling: 
Applying Wisconsin law, the Court reversed the ruling that only account beneficiaries and not account owners could exempt college savings accounts and affirmed the ruling that the annuity in question comprised an exempt "retirement benefit". The Court found that ...
Judge(s): 
Sykes, Manion, Kanne
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Williamson v. Murray (In re Murray)

Citation: 
Williamson v. Murray (In re Murray), 10th Cir. Court Appeals, No. 14-3054 (BAP No. KS-13-034) (BAP) November 18, 2014
Ruling: 
The 10 Circuit Court of Appeals affirmed the ruling of the Bankruptcy Appellate Panel (“BAP”) for the Tenth Circuit and the bankruptcy court which rejected a Chapter 7 trustee’s challenge, to a Kansas statute permitting debtors in bankruptcy to exempt ...
Judge(s): 
KELLY, LUCERO, and HARTZ, Circuit Judges
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Manty v. Johnson (In re Johnson)

Citation: 
In Re Johnson, 8th Circuit Bankruptcy Appellate Panel, No. 13-6050. (April 22, 2013)
Ruling: 
The 8th Circuit Bankruptcy Appellate Panel reversed the ruling of the Bankruptcy Court permitting the Debtor’s claimed exemption in her property tax refund as a “government assistance". The 8th Circuit Bankruptcy Appellate Panel concluded that the property tax refund ...
Judge(s): 
FEDERMAN, Chief Judge, SCHERMER and NAIL, Bankruptcy Judges.
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Larson v. Sharp

Citation: 
B.A.P. 10th Cir. 13-053 (April 11, 2014)
Ruling: 
The Bankruptcy Appellate Panel of the Tenth Circuit (the "Court" or "BAP') affirmed the Colorado Bankruptcy Court's denial of a chapter 7 trustee's objection to a debtor's exemption for tools of the trade. The Court ruled that the "gainful ...
Judge(s): 
Karlin, Jacobvitz, and Hall
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