Now Updating
Auslander v. Murray

Summarizing by Timothy McKeon

Kaye v. Blue Bell Creameries, Inc.

Summarizing by David Bury

Peake v. Ayobami

Citation:
16-20589 (5th Circuit, Jan 03,2018) Published
Case Status:
Affirmed
Ruling:
A debtor claiming federal exemptions under 11 U.S.C. § 522 may exempt 100% of the value of his or her interest in the asset rather than the value of the asset itself. NOTE: this is a narrow...
Judge(s):
JOLLY, SMITH, GRAVES
Tag(s):

In re Pace

Citation:
16-8036 (6th Circuit, Jun 20,2017) Published
Case Status:
Reversed
Ruling:
Judgment Lien based on deficiency judgment after foreclosure sale can be avoided under Section 522 to the extent lien impairs exemptions. Judgment lien is not exempt from avoidance as judgment...
Judge(s):
Delk, Preston and Wise
Tag(s):

Hennigan v. Smith (In the Matter of Smith)

Citation:
Unpublished Opinion - Case No. 16-20241 (5th Cir. Aug. 17, 2016)
Ruling:
AFFIRMED lower courts' orders and upheld the debtor's homestead exemption, even though the debtor clearly intended to sell the property and move back to Australia. "The fact that a party desires...
Judge(s):
(per curiam) Jolly, Davis, Southwick
Tag(s):

Chagolla, et al. v. JP Morgan Chase Bank, N.A. (In re Chagolla)

Citation:
no official cite as of yet
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit reversed the bankruptcy court's denial of the Debtors' unopposed valuation motion that was filed postdischarge after the Debtors completed their...
Judge(s):
BAP Judges JURY and KURTZ and Bankruptcy Judge WASLEE (sitting by designation)
Tag(s):

Elliott v. Weil (In re Elliott)

Citation:
no official cite as of yet
Ruling:
The Bankruptcy Appellate Panel for the Ninth Circuit affirmed the bankruptcy court's decision to deny the debtor's claim for homestead exemption pursuant to s. 522(g)(1) and rejected the Debtor's...
Judge(s):
BAP judges DUNN and KIRSCHER AND bankruptcy judge GAN (sitting by designation); appeal from a decision rendered by Judge Victoria Kaufman.
Tag(s):

Bruess v. Dietz (In re Bruess)

Citation:
Bruess v. Dietz (In re Bruess), Case No 15-6019 (9th Cir. B.A.P. 2015)
Ruling:
Debtor's interest in real property was not acquired until deed was recorded and did not transfer upon execution of deed. Debtor's exemption in property limited to $155,675.00 pursuant to section...
Judge(s):
Schermer, Saladino and Nail
Tag(s):

Peet v. Checkett (In re Peet)

Citation:
Peet v. Checkett (In re Peet), No. 14-6033 (BAP 8th Cir. Apr. 22, 2015)
Ruling:
The BAP for the 8th Circuit affirmed the ruling of the bankruptcy court overruling debtors' objection to chapter 7 trustee's motion to sell real estate and a pickup. BAP agreed that notwithstanding...
Judge(s):
Kressel, Schermer, Nail
Tag(s):

Elliott v. Weil (In re Elliott)

Citation:
BAP Case Nos. CC-14-1050-KiTaD and CC-14-1059-KiTaD
Ruling:
The BAP held the Supreme Court's recent decision in Law v. Siegel, 134 S.Ct. 1188 (2014) prohibits a bankruptcy court from denying a debtor's claimed exemption (or amendment to an exemption) on the...
Judge(s):
Kirscher, Taylor, and Dunn. Opinion by Judge Kirscher.
Tag(s):

Pages

About us in numbers

2748 in the system

2690 Summarized

6 Being Processed