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Menendez v. Montoya (In re Dollman)

Citation:
BAP No. N-18-019 (10th Circuit, Feb 05,2019) Published
Case Status:
Reversed and Remanded
Ruling:
BAP for 10th Circuit reversed and remanded ruling of bankruptcy court (D. NM) denying debtors' motions to amend schedules, including claimed exemptions, after cases had been closed. BAP ruled that...
Judge(s):
Michael, Romero, Somers
Tag(s):

CRP Holdings A-1, LLC v. O`Sullivan (In re O`Sullivan)

Citation:
No. 17-3226, 2019 WL 406685 (8th Circuit, Feb 01,2019) Published
Case Status:
Affirmed
Ruling:
Creditor's recording of a notice of foreign judgment created a cloud on debtor's title on his exempt homestead. Bankruptcy court could apply section 522(f) to clear the cloud on the title.
Judge(s):
Smith, Melloy, Stras
Tag(s):

Jennings v. Royal (In re: Jennings)

Citation:
17-8095 (10th Circuit, Sep 14,2018) Published
Case Status:
Affirmed
Ruling:
Debtor was allowed to claim an exemption in his entireties interest in real property located in Wyoming, but only to the extent that his entireties interest exceeded his joint indebtedness with his...
Judge(s):
Eid, Kelly, and O'Brien
Tag(s):

Lee v. Field

Citation:
No. 15-17451 (9th Circuit, May 07,2018) Published
Case Status:
Affirmed
Ruling:
Ninth Circuit affirmed bankruptcy court (D. Hawaii) ruling, affirmed by district court, finding that Trustee's adversary proceeding constituted valid objection under FRBP 4003 to debtor's claim of...
Judge(s):
O'Scannlain, Clifton, Ikuta
Tag(s):

SHEEHAN v ASH

Citation:
17-1867 (4th Circuit, May 04,2018) Published
Case Status:
Affirmed
Ruling:
A debtor’s property exemptions can be derived from federal or state law, and the court must construe exemption provisions liberally in favor of the debtor and the exemption. The debtors’...
Judge(s):
Niemeyer, King, Brinkema (King)
Tag(s):

Phillips v. Gilman

Citation:
16-55436 (9th Circuit, Apr 13,2018) Published
Case Status:
Affirmed in part and Reversed in part
Ruling:
The court had jurisdiction over the district court’s order affirming the grant of a homestead exemption. The bankruptcy court erred because it did not determine whether the debtor intended to...
Judge(s):
Michael Daly Hawkins, Barrington D. Parker, Jr., and Sandra S. Ikuta
Tag(s):

Jennings v. Royal

Citation:
WY-17-002 (10th Circuit, Nov 21,2017) Not Published
Case Status:
Affirmed
Ruling:
A Wyoming debtor can claim as exempt under 11 U.S.C. § 522(b)(3)(B) property he holds an interest as tenancy by the entirety to the extent exempt under non-bankruptcy law. Under Wyoming common...
Judge(s):
Nugent, Somers, Mosier (Nugent)
Tag(s):

GUZMAN v. NOREEN WISCOVITCH RENTAS, CH 7 TRUSTEE

Citation:
BAP No. PR 16-045, Bankruptcy Case No. 13-04232-BKT GUZMAN v. NOREEN WISCOVITCH RENTAS, CH 7 TRUSTEE (1st Circuit, May 17,2017) Published
Case Status:
Affirmed
Ruling:
Auberto Nieves Guzmán and Annette Nazario Rodríguez Debtors appeal from the order denying their motion for reconsideration of the order sustaining the chap objection to certain claimed...
Judge(s):
BAP: Feeney, Finkle and Fagone. USBC-Puerto Rico: Tester
Tag(s):

Helming v. Reed (In re Helming)

Citation:
No. 16-6033 (8th Circuit, May 04,2017) Published
Case Status:
Affirmed
Ruling:
Eight Circuit BAP affirmed ruling of bankruptcy court (W.D. Mo.-Jefferson City) denying debtor's claim of exemption in annuity under Missouri exemptions. Annuity, including income, was not exempt...
Judge(s):
Saladino, Schermer, Shodeen
Tag(s):

Credit One Corpv. Naoom ( In re Naoom)

Citation:
BAP NO. SC-16-1066, Bk. No. 15-02484-LT7 (9th Circuit, Feb 01,2017) Not Published
Case Status:
Affirmed
Ruling:
The BAP affirms the Bankruptcy Court's determination on the value of the property at $600,000 and partially avoided Credit One's lien pursuant to section 522(f)(1) of the Bankruptcy Code.
Judge(s):
Jury, Faris, and Yun
Tag(s):

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