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11 U.S.C. § 522. Exemptions

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 AZ-13-1471-KiDJu, AZ-13-1555-KiDJu, (January 5, 2015) [NOT FOR PUBLICATION]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The 9th Circuit Bankruptcy Appellate Panel in an unpublished opinion vacated an order by the bankruptcy court authorizing a postpetition financing loan from creditor AgStar Financial Services, to the Debtor.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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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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