Valone v. Waage (In re Valone)

• Summarized by Michael Pugh , Thompson, O'Brien, Kemp & Nasuti, PC
• 10 years 10 months ago

Citation:

14-11457; D.C. Docket No. 2:13-cv-00171-SPC, Bkcy No. 9:12-bkc-02265-FMD

Ruling:

The Eleventh Circuit held that the filing of a Chapter 13 bankruptcy petition by a Florida debtor who owns, or debtors who own, homestead property does not foreclose the availability of Florida's...

Judge(s):

Wilson, Fay, and Ripple, Circuit Judges

Tag(s):

• 11th Circuit
• Consumer Bankruptcy
• Automatic Stay
• Plan Confirmation
• Practice and Procedure
• Rule 8002
• 11 U.S.C § 522
• § 1325

Running v. Miller (In re Miller)

• Summarized by Michael Cooley , Reed Smith LLP
• 11 years 2 weeks ago

Citation:

No. 13-3682 (8th Cir. Feb. 13, 2015).

Ruling:

Funds taken from an individual retirement account for the purpose of purchasing an annuity retain their exempt status under 11 U.S.C. § 522(b)(3)(C) as “retirement funds…in a fund or account...

Judge(s):

Murphy, Smith, and Gruender.

Tag(s):

• 8th Circuit
• Consumer Bankruptcy
• Bankruptcy Taxation
• 11 U.S.C § 522

Banner Bank v. Johns (In re Johns)

• Summarized by Joel Newell , Ballard Spahr, LLP
• 11 years 2 months ago

Citation:

9th Cir. BAP Case No. ID-14-1049-KiDJu [Not for Publication]

Ruling:

The 9th Circuit Bankruptcy Appellate Panel (“BAP”) in an order entered on June 23, 2014 determined that this matter was suitable for disposition without oral argument. The BAP ruled that based...

Judge(s):

Hon. Kirscher, Dunn, and Jury

Tag(s):

• 9th Circuit
• Bankruptcy Process and Procedure
• Consumer Bankruptcy
• Personal Bankruptcy Topics
• Professional Practice Areas
• Bankruptcy Litigation
• 11 U.S.C § 522
• § 541

Thaw v. Moser (In the Matter of Thaw)

• Summarized by John Jones , J. R. Jones Law PLLC
• 11 years 4 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
• 11 years 4 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.
• 11 years 7 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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