11 U.S.C. § 522. Exemptions

Showalter v. Hopper (In re Showalter)

Citation: 
Showalter v. Hopper (In re Showalter), B.A.P. Case No. EC-12-1419-DJuMk (9th Cir. B.A.P. Apr. 11, 2013)
Ruling: 
The Bankruptcy Appellate Panel for the Ninth Circuit Court of Appeals (the “Panel”) affirmed the holding of the United States Bankruptcy Court for the Eastern District of California (the “Bankruptcy Court”). The Panel held that the Bankruptcy Court ...
Judge(s): 
Dunn, Jury, and Markell, Bankruptcy Judges
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Sweeden v. Bertola (In re Bertola)

Citation: 
Sweeden v. Bertola, Case No. 11-29140 (B.A.P. 10th Cir. March 12, 2013) (unpublished)
Ruling: 
A debtor can convert cash proceeds from the sale of his home to non-cash property and such non-cash property retains its character as proceeds of the homestead for exemption purposes under Colorado’s “proceeds statute.” All that is required is ...
Judge(s): 
Karlin, Somers, and Mosier (sitting by designation).
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Orange County's Credit Union v. Garcia (In re Garcia)

Citation: 
C.A. 9th Cir. Case No. 11-56076
Ruling: 
Judge Barry G. SIlverman wrote the opinion on behalf of the panel. Pursuant to Fed. R. App. P. 34(a)(2), the panel unanimously determined that no oral argument was needed in this case. Even though the District Court reversed ...
Judge(s): 
Alex Kozinski, Chief Judge; Barry G. Silverman, Circuit Judge; and Jed S. Rakoff, Senior District Judge.
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DeGiacomo v. Traverse (In re Traverse)

Citation: 
Bankruptcy Case No. 11-17703-WCH
Ruling: 
The U.S. Bankruptcy Appellate Panel for the First Circuit affirmed the Massachusetts Bankruptcy Court's granting of summary judgment in favor of the Chapter 7 trustee, allowing him to preserve an unrecorded mortgage lien for the benefit of the bankruptcy estate.
Judge(s): 
Haines, Deasy, Tester
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In re Breece

Citation: 
No. 12-8018, 2013 Bankr. LEXIS 203 (B.A.P. 6th Cir. Jan. 18, 2013)
Ruling: 
The decision of the bankruptcy court was affirmed. The debtor cannot claim a homestead exemption pursuant to Ohio state law in a home that is owned by an LLC of which the debtor holds the sole membership interest. ...
Judge(s): 
Fulton, McIvor, and Preston
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McCoy v. Kuiken (In re Kuiken)

Citation: 
BAP No. SC-12-1218-JuMkPa (B.A.P. 9th Cir. Jan. 4, 2012)
Ruling: 
REVERSING the bankruptcy court, the Ninth Circuit Bankruptcy Appellate Panel held that the debtor was not entitled to avoid a judicial lien encumbering the debtor's real property under 11 U.S.C. § 522(f)(1) because the debtor had not maintained a continuous ...
Judge(s): 
JURY, MARKELL, and PAPPAS
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Collect Access LLC v. Hernandez (In re Hernandez)

Citation: 
BAP No. SC-12-1209 JuMkPa (consolidated with BAP No. SC-12-1217 JuMkPa (for publication)
Ruling: 
The Ninth Circuit BAP (Panel) affirmed (on other grounds) the Bankruptcy Court's order compelling a judgment lien creditor to turnover funds levied upon pre-petition to the chapter 7 debtor.
Judge(s): 
JURY, MARKELL, and PAPPAS, Bankruptcy Judges
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Nessan v. Lovald

Citation: 
Nessan v. Lovald, No. 12-1733 (8th Cir. Dec. 5, 2012)
Ruling: 
In an unpublished opinion, the Eighth Circuit held that under applicable South Dakota law, the debtor's claimed exemptions in a truck, boat, and legal claim did not entitle the debtor to an absolute exemption of the property in its entirety.
Judge(s): 
Per Curiam. Heard by RILEY, Circuit Judge, COLLOTON AND GRUENDER, Circuit Judges.
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Diener v. McBeth (In re Diener)

Citation: 
B.A.P. 9th Cir., Nov. 21, 2012, BAP CC-12-1093, 2012 WL 5874648
Ruling: 
The BAP affirmed the bankruptcy court order sustaining an objection to Debtor's claim of a spousal support exemption pursuant to California Code of Civil Procedure § 704.130 (b)(10)(D). On de novo review, the BAP determined that the Marital Settlement ...
Judge(s): 
Kirscher, Novack, and Pappas
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Auday v. Wet Seal Retail, Inc.

Citation: 
--- F.3d ----, 2012 WL 5259002 C.A.6 (Tenn.),2012, Appellate Case No. 11-8066, on appeal from the United States District Court for the Eastern District of Tennessee at Case No. 1:10-cv-260
Ruling: 
The United States Court of Appeals for the Sixth Circuit held that a potential tort claim held by a debtor, which accrued prior to her filing of a Chapter 7 bankruptcy, became property of the estate upon debtor's filing for ...
Judge(s): 
Jeffrey S. Sutton
Richard Allen Griffin
Helene N. White
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