In re MARCELLA M. MANCE

• Summarized by Bradley Pearce , Pearce Law PLLC
• 2 years 8 months ago

Citation:

21-1355 (7th Circuit, Apr 21,2022) Published

Case Status:

Affirmed

Ruling:

Possessory liens on vehicles that were impounded for failure to pay parking tickets are avoidable as judicial liens under 11 U.S.C. § 522(f).

Judge(s):

SYKES, KANNE and HAMILTON

Tag(s):

• 7th Circuit
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 101
• 522

In re: RIZAL JUCO GUEVARRA

• Summarized by Thomas Phinney , Felderstein Fitzgerald Willoughby Pascuzzi & Rios LLP
• 2 years 9 months ago

Citation:

BAP No. EC-21-1141-SFL (9th Circuit, Mar 25,2022) Published

Case Status:

Reversed

Ruling:

Debtor may amend his schedules to claim an exemption in sale proceeds of real property after the interest was sold by the bankruptcy trustee, under circumstances where the Debtor did not conceal...

Judge(s):

SPRAKER, FARIS, and LAFFERTY

Tag(s):

• 9th Circuit
• Asset Sales
• Consumer Bankruptcy
• 541
• 363
• 522

Misty Brady v. Maxus Healthcare Partners, et al

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

Citation:

19-10974 (5th Circuit, Mar 05,2020) Not Published

Case Status:

Affirmed

Ruling:

The expiration of the 30-day limitations period to object to a debtor's declaration of exemptions in a Chapter 13 is not binding if the case is later converted to a Chapter 7. Bankruptcy Code §...

Judge(s):

HIGGINBOTHAM, HO, and ENGELHARDT

Tag(s):

• 5th Circuit
• Bankruptcy Process and Procedure
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 4003
• 1019(2)(B)
• 522

In re Felix

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 6 years 9 months ago

Citation:

17-8004, 2018 WL 159585 (6th Circuit, Apr 06,2018) Published

Case Status:

Affirmed

Ruling:

Exemptions are determined by law based on Debtor's domicile for 730 days pre-petition, Bankruptcy Court conclusion that Debtor's domicile was in Ohio not erroneous.

Judge(s):

Delk, Harrison, Wise

Tag(s):

• 6th Circuit
• Practice and Procedure
• Consumer Bankruptcy
• 522

Peake v. Ayobami

• Summarized by Bradley Pearce , Pearce Law PLLC
• 7 years 2 days ago

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):

• 5th Circuit
• Bankruptcy Process and Procedure
• Certification
• Practice and Procedure
• Personal Bankruptcy Topics
• Consumer Bankruptcy
• 522

In re Pace

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 7 years 6 months ago

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):

• 6th Circuit
• Consumer Bankruptcy
• 522

Hennigan v. Smith (In the Matter of Smith)

• Summarized by Aaron Kaufman , Gray Reed LLP
• 8 years 4 months ago

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):

• 5th Circuit
• Consumer Bankruptcy
• Bankruptcy Litigation
• Ethics
• Practice and Procedure
• 4003
• 522

In re Jackson

• Summarized by Thomas DeCarlo , John Steinberger & Associates, PC
• 8 years 5 months ago

Citation:

2016 WL 4147641 (6th Cir. BAPp 2016)

Ruling:

Creditor does not violate discharge injunction by reinstating pre-petition foreclosure action post-discharge where action seeks only in rem relief, even where there is no equity available for ...

Judge(s):

Delk, Humphrey, Opperman

Tag(s):

• 6th Circuit
• Consumer Bankruptcy
• Discharge/Dischargeability
• 362
• 522
• 524

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

• Summarized by Lovee Sarenas , Sklar Hirsh
• 8 years 10 months ago

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):

• 9th Circuit
• Consumer Bankruptcy
• Mortgage
• Plan Confirmation
• Practice and Procedure
• Valuation
• 506
• 522

Elliott v. Weil (In re Elliott)

• Summarized by Lovee Sarenas , Sklar Hirsh
• 8 years 11 months ago

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):

• 9th Circuit
• Consumer Bankruptcy
• 522
• 542

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