Can a bankruptcy court surcharge a debtor’s constitutionally-protected homestead exemption?
Law v. Siegel, No. 12-5196. Certiorari granted: June 17, 2013. Ruling below: 435 Fed.Appx. 697 (9th Cir. 2011).
The U.S. Supreme Court has agreed to decide whether a bankruptcy trustee can surcharge a debtor’s constitutionally protected homestead property.
Chapter 7 debtors could claim homestead exemptions under a state law that is bankruptcy-specific, the 6th Circuit has ruled.
The proceeds from a couple’s post-petition sale of their homestead must be included in their bankruptcy estate, the 9th Circuit has ruled.
Published: October 7, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, homestead exemption, lien
A judgment creditor did not have an enforceable lien against the proceeds of the sale of a debtor’s home in excess of the $125,000 homestead exemption claimed in the debtor’s bankruptcy case, the 5th Circuit has ruled in reversing judgment.
Debtors could claim a homestead exemption in their bankruptcy case — even though they planned to move from their home, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
A debtor is not necessarily barred from claiming the state personal property exemption in her bankruptcy by the fact that she could claim a homestead exemption, the Florida Supreme Court has ruled in answering a certified question from the 11th Circuit.
A devisee of real property may qualify for a homestead exemption in his bankruptcy case, the Rhode Island Supreme Court has ruled in answering a certified question from a U.S. Bankruptcy Court.
Trustees could force the sale of homestead properties in order to recover excess equity created by an increase in value after the debtors filed for bankruptcy protection, the 9th Circuit has ruled.
A debtor couldn’t claim a homestead exemption in his former marital residence – even though he had yet to transfer title to the property at the time he filed for bankruptcy, the 1st Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.