11 U.S.C. § 522. Exemptions

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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Santiago-Monteverde v. Pereira (In re Santiago-Monteverde)

Citation: 
Santiago-Monteverde v. Pereira (In re Santiago-Monteverde), No. 12-4131 (2d Cir. Mar. 31, 2014)
Ruling: 
The United States Court of Appeals for the Second Circuit (“Second Circuit”) certified to the New York Court of Appeals the question: “may a rent-stabilized tenant prevent the assumption and assignment of his or her lease by claiming that the ...
Judge(s): 
Sack, Parker Raggi
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Khan v. Regions Bank (In re Khan)

Citation: 
File Name 13a0941n.06; Docket No. 12-6567
Ruling: 
In an opinion not recommended for publication, the Sixth Circuit Court of Appeals affirmed the ruling of the District Court for the Eastern District of Tennessee finding the Chapter 7 debtor was not a "person aggrieved" by the Bankruptcy Court's ...
Judge(s): 
Rogers, Cook and Van Tatenhove, District Judge. Opinion by Van Tatenhove.
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McCarthy v. Brevik Law (In re McCarthy)

Citation: 
8th Cir. BAP (October 28, 2013) - Case No. 13-6042
Ruling: 
REMAND by the BAP to the bankruptcy court for dismissal of the adversary proceeding for further proceedings consistent with the BAP opinion.
Judge(s): 
Federman, Schermer and Saladino.
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Goben v. Corydon State Bank (In re Goben)

Citation: 
Goben v. Corydon State Bank (In re Goben), No. 13-6039 (8th Cir. BAP 2013)
Ruling: 
The 8th Circuit BAP affirmed the U.S. Bankruptcy Court for the Southern District of Iowa (Des Moines). The bankruptcy court sustained secured creditor's objection to Chapter 7 debtor's claim of exemption in vehicle in which she had no equity. ...
Judge(s): 
Kressel, Schermer, & Nail
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Ramos v. Negron

Citation: 
Ramos v. Negron, BAP No. PR 13-005 (B.A.P. 1st Cir. October 22, 2013)
Ruling: 
Abandonment of property by the Trustee to the Debtor has no effect upon the Bankruptcy Court's authority to determine a Motion, pursuant to 11 U.S.C. 522(f), or the Bankruptcy Court's jurisdiction of a debtor's property, pursuant to 28 U.S.C. 1334.
Judge(s): 
Deasy, Kornreich, and Bailey
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Kathy Ann Green v. Hapo Community Credit Union (In re Green)

Citation: 
BAP No.: EW-12-1486-PaJuTa; Bankr. No.: 04-07678 (Not for Publication)
Ruling: 
In considering whether the Bankruptcy Court erred in denying the debtor’s motion to avoid a judicial lien under § 522(f) in a reopened bankruptcy case, the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that: 1) Neither Rule 4003(d) nor ...
Judge(s): 
Pappas, Jury, and Taylor, Bankruptcy Judges; Appeal from Hon. Patricia C. Williams
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J&M Securities, LLC v. Moore (In re Moore)

Citation: 
8th Cir. (BAP July 8, 2013 - Appeal from Bankruptcy Court Eastern District of Missouri) - Case No 12-6061
Ruling: 
AFFIRMING the bankruptcy court's ruling that a state law exception which allowed the debtor to use a state law exemption for her homestead against a single creditor.
Judge(s): 
Kressel, Saladino and Shodeen.
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Leitch v. Christians (In re Leitch)

Citation: 
Leitch v. Christians (In re Leitch), No. 13-6009 (8th Cir. B.A.P. Jul. 16, 2013)
Ruling: 
The BAP on de novo review AFFIRMED the Bankruptcy Court's determinations that: (1) the Debtor's health savings account ("HSA") was not excluded from the Debtor's bankruptcy estate pursuant to Section 541(b)(7)(A)(ii) because the HSA did not constitute a health insurance ...
Judge(s): 
Federman, Saladino, Nail
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Hasse v. Rainsdon (In re Pringle)

Citation: 
No. 09-41653 (B.A.P. 9th Cir. July 2, 2013)
Ruling: 
Affirming the judgment of the bankruptcy court (“BC”), the Bankruptcy Appellate Panel of the Ninth Circuit (the “BAP”) held that a defendant impliedly consented to the BC’s entry of a final judgment on a trustee’s fraudulent transfer action brought under ...
Judge(s): 
Markell, Dunn and Jury, bankruptcy judges.
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