Thaw v. Moser (In the Matter of Thaw)

• Summarized by John Jones , J. R. Jones Law PLLC
• 9 years 6 months ago

Citation:

Case No. 14-40108 (5th Cir. October 13, 2014)

Ruling:

AFFIRMED district and bankruptcycourt ruling that forced sale of non-debtor spouse's homestead interest was not a taking under the Fifth Amendment of the United States Constitution entitling the...

Judge(s):

King, Graves, and Higginson, Circuit Judges

Tag(s):

• 5th Circuit
• Consumer Bankruptcy
• Asset Sales
• Claims
• Fraud
• 11 U.S.C § 522
• § 363

Thaw v. Moser

• Summarized by Bruce Weiner , Rosenberg, Musso & Weiner
• 9 years 7 months ago

Citation:

14-40108

Ruling:

Trustee can force sale of the entire homestead over objection of non-debtor spouse. The sale is not an unconstitutional taking because the property was acquired after BAPCPA went into effect and...

Judge(s):

King, Graves, and Higginson

Tag(s):

• 5th Circuit
• Asset Sales
• Bankruptcy Litigation
• Fraud
• Legislation
• Practice and Procedure
• 11 U.S.C § 522

Bulan v. Calloway

• Summarized by Wayne Greenwald , Jacobs, PC, Greenwald, P.C.
• 9 years 9 months ago

Citation:

U.S. COURT OF APPEALS FOR THE SECOND CIRCUIT August Term, 2013, Docket No. 12‐1603‐bk

Ruling:

Affirmed District Court affirming Bankruptcy Court's determination that New York State's increased homestead exemption, from $10,000 to $50,000, applied to judgment liens existing before the...

Judge(s):

Circuit Judges: Richard C. Wesley and Christopher F. Droney, and District Court Judge Vincent L. Briccetti (SDNY) sitting by designation.

Tag(s):

• 2nd Circuit
• Bankruptcy Process and Procedure
• Personal Bankruptcy Topics
• Professional Practice Areas
• 11 U.S.C § 522

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