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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)

  • Summarized by Elizabeth Gunn , United States Bankruptcy Court, District of Columbia
  • 10 years 4 months ago
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)

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

  • Summarized by Jon Powers , White and Williams LLP
  • 11 years 2 months ago
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):

Gray v. Warfield (In re Gray)

  • Summarized by Lars Fuller , BakerHostetler
  • 11 years 2 months ago
Citation:
Gray v. Warfield (In re Gray), BAP No. AZ-13-1502-JuKiD (BAP 9th Cir. 2014)
Ruling:
The 9th Cir. BAP, applying Law v. Siegel, 134 S. Ct. 1188 (2014), ruled that the bankruptcy court has no discretion to deny a debtor's claimed exemptions based on a finding that debtors amended...
Judge(s):
Jury, Kirscher, Dunn
Tag(s):

DeGiacomo v. Traverse (In re Traverse)

  • Summarized by Guy Moss ,
  • 11 years 9 months ago
Citation:
United States Court of Appeals for the First Circuit, No. 13-9002 (May 23, 2014)
Ruling:
Reversing the lower courts, the First Circuit concluded that when an undefaulted mortgage lien is avoided and preserved for the benefit of the Estate under Code sec. 551, and when the value of the...
Judge(s):
Torruella, Howard and Kayatta
Tag(s):

Kim v. Dome Entertainment Ctr, Inc.

  • Summarized by Aaron Kaufman , Gray Reed LLP
  • 11 years 10 months ago
Citation:
F.3d citation not yet available. Case No. 10-10882 (5th Cir. Apr. 9, 2014)
Ruling:
AFFIRMED district court’s ruling that federal law can trump Texas homestead exemptions to force the sale of the debtor’s homestead, notwithstanding the exemption rights of the non-debtor...
Judge(s):
HIGGINBOTHAM, OWEN, and HAYNES. Opinion by Priscilla R. Owen, Circuit Judge.
Tag(s):

Frates v. Wells Fargo Bank, N.A. (In re Frates)

  • Summarized by Vikas Kumar , The Capitol Forum
  • 11 years 11 months ago
Citation:
Frates v. Wells Fargo Bank, N.A., Case No. NC-13-1366-JuKiD (B.A.P. 9th Cir. 2013) (published)
Ruling:
The Debtors satisfied procedural due process requirements by serving their motion and notice of motion to avoid the judicial lien of Wells Fargo in accordance with the Federal Rules of Bankruptcy...
Judge(s):
Jury, Kirscher, and Dunn
Tag(s):

Viegelahn v. Frost (In the Matter of Frost)

  • Summarized by John Jones , J. R. Jones Law PLLC
  • 12 years 9 hours ago
Citation:
Case No. 12-50811 (5th Cir. March 5, 2014)
Ruling:
AFFIRMED district court's rejection of debtor's argument that 11 U.S.C. 522 (c) & (l) and "snapshot rule" permanently exempted homestead and its proceeds from post-certification sale of exempted...
Judge(s):
Stewart, Chief Judge, and DeMoss and Clement, Circuit Judges.
Tag(s):

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