- Bruess v. Dietz (In re Bruess), Case No 15-6019 (9th Cir. B.A.P. 2015)
- 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 522(p)(1) because interest acquired within 1215 days of filing chapter 7 petition.
- Procedural context:
- Appeal from the bankruptcy court for the District of Minnesota sustaining trustee's objection to debtor's exemption in real property and limiting such exemption to $155,675.00 pursuant to section 522(p)(1), reviewed de novo.
- Debtor and her father executed a deed transferring real property to the debtor in April 2010; however, the deed was not recorded by her father until January 2013, 700 days prior to the petition date. The debtor sought to exempt her whole interest in the property, $562,760.33 under the Minnesota homestead exemption. The chapter 7 trustee objected to the amount of the claimed exemption, asserted debtor was only entitled to claim $155,675.00 pursuant to section 522(p)(1).
- Schermer, Saladino and Nail
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4 Being Processed