Home » 11 U.S.C § 522

Lee v. Field

  • Summarized by Lars Fuller , BakerHostetler
  • 4 years 10 months ago
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

  • Summarized by Bradley Pearce , Pearce Law PLLC
  • 4 years 10 months ago
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

  • Summarized by Alexandra Schnapp , U.S. Bankruptcy Court, Northern District of Georgia
  • 4 years 11 months ago
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

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 5 years 4 months ago
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

  • Summarized by William Amann , Amann Burnett, PLLC
  • 5 years 10 months ago
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)

  • Summarized by Lars Fuller , BakerHostetler
  • 5 years 10 months ago
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):

Guthrie v. Stadtmueller (In re Guthrie)

  • Summarized by Laura Coordes , Sandra Day O'Connor College of Law Arizona State University
  • 6 years 1 month ago
Citation:
SC-15-1390-FYJu (9th Circuit, Jan 31,2017) Not Published
Case Status:
Affirmed
Ruling:
Bankruptcy court's order sustaining chapter 7 trustee's objection to debtor's claimed homestead exemption affirmed.
Judge(s):
Faris, Yun, Jury
Tag(s):

Mooney v. Webster (in re Mooney)

  • Summarized by Weston Eguchi , Willkie Farr & Gallagher LLP
  • 6 years 1 month ago
Citation:
No. 15-11229 (11th Circuit, Jan 28,2017) Published
Case Status:
Affirmed
Ruling:
Debtor's health savings account (HSA) was not exempt property pursuant to Section 522 and Georgia's state exemptions which exempt “disability, illness, or unemployment benefit,” and any...
Judge(s):
Hull, Pryor and Conway (D.J.)
Tag(s):

Clabaugh v. Grant (In re Grant)

  • Summarized by Steven Mulligan , Coan, Payton & Payne, LLC
  • 6 years 6 months ago
Citation:
Clabough v. Grant. (In re Grant), Case No. 16-6062 (10th Cir. September 20, 2016). Unpublished
Ruling:
Bankruptcy courts do not have authority to use their equitable powers to disallow exemptions or amendments to exemptions due to bad faith or misconduct; any equitable powers can only be exercised...
Judge(s):
Matheson, McKay, O’Brien
Tag(s):

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