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11 U.S.C. § 522. Exemptions

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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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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Daniels v. Agin

Citation: 
United States Court of Appeals for the First Circuit, No. 12-2376, November 25, 2013
Ruling: 
Affirming the rulings of the courts below, against the Debtor, the Court held first that where the Debtor had entered into numerous transactions prohibited by sections 401 and 4975 of the Internal Revenue Code, such as making loans to disqualified ...
Judge(s): 
Lynch, Howard and Kayatta
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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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