Results
- 4/30/2004
Exclusions and Exemptions
Online JournalExclusions and Exemptions - 6/30/1998
Bankruptcy Procedure ManualBankruptcy Exemption Manual
Online JournalBankruptcy Procedure ManualBankruptcy Exemption Manual - 5/1/1978
Personal
Academicsp No abstract provided p Personal Property Exemptions And The Uniform Exemptions Act Recommended Citation Personal Property Exemptions and the Uniform Exemptions Act, 1978 BYU L. Rev. 462 (1978). Available at: http://digitalcommons.law.byu.edu/lawreview/vol1978/iss2/7 Personal Property - 3/31/2004
Ch. 13 Debt Limits Exemption Limits Raised
Online JournalCh. 13 Debt Limits Exemption Limits Raised - 4/1/2003
Fresh Start Head Start or Running Start Bankruptcy Exemption Planning
Online JournalFresh Start Head Start or Running Start Bankruptcy Exemption Planning - 1/6/2015
Supreme Court Rules for Trustee in Exempt Property Case
NewsroomSupreme Court Rules for Trustee in Exempt Property Case - 9/30/2001
Tax Court Includes Exempt Assets in 108 Insolvency Test
Online JournalTax Court Includes Exempt Assets in 108 Insolvency Test - 1/8/2012
2011 tax exemption amounts
BlogYou are allowed to take an exemption for yourself, your spouse and your dependents.
Read Original Article 2011 tax exemption amounts - 4/23/2021
Credit union tax exemption actually benefits taxpayers
Bloghttps://www.americanbanker.com/opinion/credit-union-tax-exemption-actually-benefits-taxpayers Credit union tax exemption actually benefits taxpayers - 1/29/2024
zakarian in re
Opinions[1]-Determining whether a homeowner was entitled to a declared homestead exemption involved a two-part inquiry
exemptions limitation on homestead exemption 1st Circuit Massachusetts Judge Hoffman LEXIS 2179 0917010 the debtor was found to be entitled to a statutory homestead - 1/1/2006
Credit
Academicsp American bankruptcy law has offered a fresh start in every state for over one hundred years As a result econometric studies of consumer bankruptcy often focus on one of the few aspects of the law that has varied significantly across time and across states exemptions Professors Gropp Scholz and - 3/5/2012
Homestead Exemption Upheld Despite $184,000 Investment Within 10 Years Of Bankruptcy
BlogThe 2005 bankruptcy law contains a provision which intends to stop debtors from converting non-exempt funds in to homestead properties otherwise exempt under state law. The Code section provides for loss of homestead exemption to the extent a Chapter 7...
Read Original Article Homestead - 1/6/2015
OCC Exemption Rules Opponents Take Wait&8722and&8722see Approach
NewsroomOCC Exemption Rules Opponents Take Wait&8722and&8722see Approach - 1/6/2015
Supreme Court to Hear Case on Trustee Powers to Sell Assets Claimed as Exempt
NewsroomSupreme Court to Hear Case on Trustee Powers to Sell Assets Claimed as Exempt - 1/29/2024
in re rody
Opinions9th Circuit Arizona Judge Marlar 0312082The trustee contended that the Arizona exemptions were available to the nonresident debtors, and the debtors were required to utilize the state exemptions, because the limitation to exemptions under state law did not explicitly prohibit the use of the
- 9/1/1949
Debtors
Academicsp No abstract provided p Debtors Estates Right Of Debtor To Claim Homestead Exemption In Insurance Proceeds From Non Exempt Property Destroyed By Fire Recommended Citation Debtors' Estates-Right Of Debtor To Claim Homestead Exemption In Insurance Proceeds From Non-Exempt Property Destroyed By - 12/23/2022
What Is A Bankruptcy Exemption?
BlogBankruptcy Exemptions Bankruptcy exemptions are legal provisions that allow a person to keep certain assets when they file for bankruptcy. These exemptions vary from state to state and can also be affected by federal law. In the United States, bankruptcy is a legal process that allows
- 1/29/2024
in re channon
Opinions10th Circuit New Mexico Judge Jacobvitz 0510049Debtor elected to claim exemptions under New Mexico law as permitted by 11 U.S.C.S. § 522(b). When a debtor claimed exemptions under state law, as here, applicable state law governed whether an exemption would be denied as a result of
- 7/1/2015
Rock
Academicsp Analysis of state exemption of individual retirement accounts in light of the preemptive effects of ERISA p Rock Scissors Paper Erisa The Bankruptcy Code And State Exemption Laws For Individual Retirement Accounts Citation Information C. Scott Pryor, Rock, Scissors, - 1/29/2024
sheehan v ash
Opinions[1]-The district court did not err in affirming the bankruptcy court's denial of the trustee's objection to exemptions claimed by the debtors because 11 U.S.C.. § 522(b)(3)(A) authorized the debtors to utilize Louisiana's state law statutory scheme to exempt personal property in West Virginia
- 1/29/2024
awayda in re
Opinions[1]-Trustee's objection to debtor's claim of exemption under 735 ILCS 5/12-906 in proceeds from the sale of her homestead was denied because the exemption was in effect on the petition date and, under the "snapshot" rule, the exemption was therefore properly claimed regardless of anything that
- 10/1/2014
Exclusion
Academicsp No abstract provided p Exclusion And Exemption In Bankruptcy Of Debtors Interests In Erisa Qualified Retirement Plans Citation Information Mary F. Radford, Exclusion and Exemption in Bankruptcy of Debtor's Interests in ERISA-Qualified Retirement Plans (Callaghan & - 9/4/2018
Are Annuities Exempt in Bankruptcy?
BlogWhen it comes to bankruptcy it is important to know what properties, debt, or other money can be deemed exempt. This is especially true because property exemptions can vary from state to state, and even those can vary from federal property exemptions. The same holds true for annuities, which
- 1/16/2015
End Of Insolvency Litigation Exemption Challenged
Global InsolvencyThe proposed end of insolvency litigation’s exemption from the Legal Aid, Sentencing, and Punishment of Offenders Act (LAPSO) has been challenged by an Early Day Motion tabled in Parliament, Credit Today reported. MP’s have thrown their support for a review of the decision to end - 6/8/2021
Mortgage Exemptions in Ireland Fall as Covid Dents Home Lending
Global InsolvencyExemptions to mortgage lending rules fell during the Covid-19 pandemic but there was no sign of a deterioration in borrower credit quality, according to a report from the Central Bank of Ireland, the Irish Times reported. Just 13 per cent of new home lending by value was granted - 1/9/2023
Mexico to Extend Temporary Exemption on Import Tariffs to Tame Inflation
Global InsolvencyMexico's government said on Friday that it will issue a new decree for a temporary exemption on import tariffs for various items, a measure intended to tame inflation, Reuters reported. The new decree, set to be published in the official gazette on Friday, will extend a prior order to temporarily - 1/29/2021
H.R. 242
NewsroomTo amend title 11 of the United States Code to increase the amount of the allowable homestead exemption.
H.R. 242 - 10/31/2017
S.1894 - A bill to exempt Puerto Rico from the coastwise laws of the United States (commonly known as the "Jones Act").
NewsroomS.1894 - A bill to exempt Puerto Rico from the coastwise laws of the United States (commonly known as the "Jones Act"). - 4/19/2023
Brazil's Government Backtracks Ending Tax Exemption for International Orders
Global InsolvencyBrazil's government reversed a decision to end tax exemption on foreign shipments targeting Asian e-commerce giants, a measure aimed at improving public finances that faced backlash from lower-income Brazilians, a crucial part of the new government's electorate, Reuters reported. Speaking - 2/6/2020
Wendy Owens v. Randy Royal, Chapter 7 Trustee
VoloBAP No. WY-19-027 Chapter 7 debtor, an attorney at Legal Aid of Wyoming, claimed an exemption in her car under Wyoming's "tools of the trade" exemption. Lawyer used vehicle to commute to work, including to remote rural locations. Nugent, Michael, Mosier Chapter 7 trustee objected to debtor's - 3/4/2019
Only Banks, FIs Exempt From Open Offer in Corporate Debt Restructuring
Global InsolvencyMarket Regulator SEBI on Friday came out with rules for providing exemption from open offer requirements for corporate debt restructuring, which will now be restricted to scheduled commercial banks and all-India financial institutions, Moneylife reported. The decision could help
- 9/14/2017
State Laws on Tracing Determine Whether Tax Refunds Are Exempt
Rochelle's Daily WireIn re Church, 16-07962 (Bankr. S.D. Cal. Sept. 1, 2017) In re Church Laura S. Taylor Differing state laws govern the exemption of tax refunds for individuals.Assume that all of an individual’s income is from pensions and retirement accounts that themselves are exempt. What if the chapter
- 8/26/2022
In re: Kathy Ellen Richards -
Volo22-8002 The debtor sold her home and deposited about $37,000 of net proceeds into her attorney's escrow account. Six days later, she filed a Chapter 7 bankruptcy and claimed an exemption of $25,150 in the proceeds pursuant to 11 U.S.C. Sec. 522(d)(1). The trustee objected to the exemption, arguing - 2/28/2017
Bryan v. Stanton (In re Bryan)
VoloNo. 11-6068 (8th Cir. B.A.P. March 21, 2012). Debtor had an annuity. Trustee objected to the debtor's claim that the annuity was exempt as life insurance. The Court upheld the objection, finding that an annuity is not insurance. The debtor did not appeal that decision. The debtor later on - 4/21/2023
Clark v. Rameker Didn’t Say that All Inherited IRAs Aren’t Exempt
Rochelle's Daily WireIn re Kelly, 22-00089 (Bankr. N.D. Iowa April 11, 2023) In re Kelly In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.The Supreme Court’s decision in Clark v. Rameker,
- 2/28/2017
Mooney v. Webster (in re Mooney)
VoloNo. 15-11229 Individual debtor filed a Chapter 7 petition in 2013, and claimed the assets in her HSA as property exempt from the bankruptcy estate. Hull, Pryor and Conway (D.J.) Debtor claimed HSA as exempt property. The Chapter 7 trustee objected and the bankruptcy court agreed with the - 2/8/2016
Rare Bible Worth $10,000 Is an Exempt Asset, Seventh Circuit Holds
Rochelle's Daily WireHagan v. Robinson (In re Robinson), 14-3585 (7th Cir. Feb. 4, 2016) In re Robinson Kenneth F. Ripple Seventh Circuit won’t impose limits on exemption for religious articles.Is a rare first edition Book of Mormon bible exempt, although it may be worth $10,000? The Seventh Circuit held that
- 12/5/2018
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Rochelle's Daily WireIn re Hill, 18-07595 (Bankr. D. Ariz. Nov. 15, 2018) In re Hill Daniel P. Collins Pet insurance and proceeds are exempt, even above the value of the pet.Although a dog may be the “Debtor’s priceless, faithful and loved companion,” the dog is nonetheless “property” in the eyes of the
- 9/8/2016
Judge Ameliorates Louisiana’s Stingy ‘All or Nothing’ Exemption for Wedding Rings
Rochelle's Daily WireIn re McCollum, 16-10904 (Bankr. W.D. La. Aug. 31, 2016) In re McCollum Jeffrey P. Norman Exemption value to be decided at a ‘one-shot’ public auction.A bankruptcy judge in Louisiana put the screws to the trustee to ameliorate the state’s stingy exemption for wedding rings.
2/28/2017In re Robinson
Volo14-3585 Ms. Robinson (the "Debtor") filed a Chapter 7 Petition in the Southern District of Illinois. Among her scheduled personal property was an “old Mormon Bible” of unknown value. The Debtor sought to exempt the book as a "Bible." The Bankruptcy Trustee inquired about her Book of Mormon at the5/16/2024522. Exemptions
Code and Rulesid="05-2-522-b-1">(1) Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (2) or, in the alternative, paragraph5/20/2011Is It or Isn't It? Property of the Estate and Exemptions in Consumer Bankruptcy
Conference MaterialsTenn. Is It or Isn’t It? Property of the Estate and Exemptions in Consumer Bankruptcy 295 AmericAn BAnkruptcy institute Recent Decisions on Property of the Bankruptcy Estate and Exemptions in Consumer Bankruptcy Presented by: Hon. Paulette J. Delk United States Bankruptcy Judge Western5/16/2024Rule 4003. Exemptions
Code and Rules(a) Claim of Exemptions. A debtor shall list the property claimed as exempt under § 522 of the Code on the schedule of assets5/31/2013Exemptions and Problems from the Chapter 7 Trustee's Perspective
Conference MaterialsC O N C U RR EN T SE SS IO N 2 01 3 David Blaylock Glankler Brown, PLLC; Memphis Dale R.F. Goodman Goodman & Goodman, PC; Atlanta Molly Williams Ashley, Ashley & Arnold; Dyersburg, Tenn. Exemptions and Problems from the Chapter 7 Trustee’s Perspective11/5/2019State vs. Federal Exemptions
Conference Materials2 01 9 2019 Hon. Steven W. Rhodes Consumer Bankruptcy Conference State vs. Federal Exemptions State vs. Federal Exemptions C O N C U RR EN T SE SS IO N Hon. Mark A. Randon U.S. Bankruptcy Court (E.D. Mich.); Detroit Michelle H. Bass Wolfson Bolton PLLC;7/2/2015Exemption Strategies After Law v. Siegel
Conference Materials2 01 5 Jessica A. Lewis, Moderator Molleur Law Office; Biddeford, Maine Hon. J. Michael Deasy (ret.) U.S. Bankruptcy Court (D. N.H.); Manchester Nathaniel R. Hull Verrill Dana LLP; Portland, Maine Alex F. Mattera Demeo, LLP; Boston Exemption Strategies After Law v.1/1/2011To Be or Not to Be: Exclusivity of State Bankruptcy-Specific Exemption Statutes
Committeesconfusion on the issue of exclusivity of “bankruptcy-specific” exemption statutes. Under 11 U.S.C. § 522(b), a debtor filing for bankruptcy is provided with two sources from which to claim property as exempt. The debtor may choose from those exemptions enumerated under 11 U.S.C. § 522(d) or select from1/1/2011To Be or Not to Be: Exclusivity of State Bankruptcy-Specific Exemption Statutes
Committeesconfusion on the issue of exclusivity of “bankruptcy-specific” exemption statutes. Under 11 U.S.C. § 522(b), a debtor filing for bankruptcy is provided with two sources from which to claim property as exempt. The debtor may choose from those exemptions enumerated under 11 U.S.C. § 522(d) or select from5/31/2012Is It In or Out? Exemption Issues Revisited
Conference MaterialsLange & Majoros, PC; Southfield, Mich. is it in or Out? Exemption Issues Revisited Is It In or Out? Exemption Issues Revisited NEW Online Tool Researches ALL ABI Resources 44 Canal Center Plaza • Suite 400 • Alexandria, VA 22314-1546 • phone: 703.739.0800 • abi.org Join our networks to expand5/16/2024Title 26. § 26 U.S.C. § 6334. Property exempt from levy.
Code and Rules(a) Enumeration. There shall be exempt from levy—(1) Wearing apparel and school books. Such items of wearing apparel and such school books as are necessary for the taxpayer or for members12/15/2011The Role of Valuation in Federal Bankruptcy Exemption Process: The Supreme Court Reads Schedule C
Law ReviewTHE 461 THE ROLE OF VALUATION IN FEDERAL BANKRUPTCY EXEMPTION PROCESS: THE SUPREME COURT READS SCHEDULE C DAVID GRAY CARLSON* INTRODUCTION Under the Federal Rules of Bankruptcy Procedure (the "Bankruptcy Rules"), a trustee or creditor has8/8/2010Schwab v. Reilly: Supreme Courth Takes a Practical Approach in Addressing In-Kind Bankruptcy Exemptions
Committeesbecome part of a federal case that eventually made its way to the Supreme Court. Her bankruptcy attorney in central Pennsylvania assured her that her property would be exempt and never be at risk. He scheduled its value at just over $10,000 and claimed that entire amount exempt. The trustee did not pay6/10/2016Letter to the Editor (Re: Trustee Sales in the 1st Circuit)
CommitteesF.3d 19 (1st Cir.) , cert. denied sub nom. DeGiacamo v. Traverse, 1358 S.Ct. 459, 190 L.Ed. 2d 332 (2014)Dear Sirs:
Attorney Baker and I agree on a number of things. We disagree about the effect of a claim of exemption. Attorney Baker says: “[o]nce the
8/21/2023Chapter 7 Trustee Who Does Not Object to “Arguably” Inapplicable Claim of Exemption Does Not Forfeit Right to Later Argue that Exemption Does Not Apply
CommitteesSometimes it is better for the trustee not to object to an “arguably” inapplicable claim of exemption. That’s one of the takeaways from the Sixth Circuit’s recent decision in Biondo v. Gold, Lange, Majoros & Smalarz P.C. (In re Biondo)
1/27/2014Residency for the Purposes of Applying State Exemption Laws Must Be Analyzed as it Existed on the Petition Date
BlogBankruptcy Code, a debtor must be domiciled in a given state at the time of filing a bankruptcy petition in order to access—or be bound by—that state’s exemption laws.[1] In Willis, the debtors claimed the federal exemptions in their bankruptcy4/23/1998A Proposal for a Preference Approach to Pre-Bankruptcy Planning
Law Review4 State and federal laws also protect the debtor when the noose begins to tighten. The Code and state law protect some of an individual debtor's property from creditor process through exemption laws. 5 Prior to the enactment of the Code, Congress debated whether the Code should mandate uniform federal4/23/1998Uniformity of Exemptions: Assessing the Commission's Proposals
Law ReviewUNIFORMITY OF EXEMPTIONS Web posted and Copyright © Nov. 28, 1998, American Bankruptcy Institute. American Bankruptcy Institute Law Review Volume 6 Number 1 Spring 1998 UNIFORMITY OF EXEMPTIONS: ASSESSING THE COMMISSION’S PROPOSALS RICHARD M. LOMBINO I. INTRODUCTION The4/23/2001Amphisbaena! How 11 U.S.C. § 522(c) Expands And Contracts State-law Exemptions In Bankruptcy
Law ReviewAMPHISBAENA Web posted and Copyright © Sep. 01, 2001, American Bankruptcy Institute. American Bankruptcy Institute Law Review Volume 9 Number 1 Spring 2001 AMPHISBAENA! HOW 11 U.S.C. § 522(C) EXPANDS AND CONTRACTS STATE−LAW EXEMPTIONS IN BANKRUPTCY George M. Prescott Jr.,4/23/1996Security Interests on Exempt Property After the 1994 Amendments to the Bankruptcy Code
Law ReviewSecurity Interests on Exempt Property After the 1994 Amendments to the Bnankruptcy Code (ABI Law Review, Spring 1996) SECURITY INTERESTS ON EXEMPT PROPERTY AFTER THE 1994 AMENDMENTS TO THE BANKRUPTCY CODE DAVID GRAY CARLSON FN* The Bankruptcy Code FN1 permits debtors to3/22/2015Defining Residency Under the Federal Homestead Exemption
BlogBy: Sally A. Profeta
St. John’s Law Student
American Bankruptcy Institute Law Review Staff
Recently, in In re Abraham, a bankruptcy court held that debtors living in Iran could not claim the federal homestead exemption for their
1/10/2020Exempt Assets May Not be Considered when Determining if Student Loan Should be Discharged
BlogUnited States Court of Appeals for the First Circuit in Schatz v. Access Grp., Inc. (In re Schatz) held that consideration of exempt assets cannot be given dispositive weight in a bankruptcy court’s undue hardship analysis.[3]1/10/2014The Eighth Circuit BAP Holds that Health Savings Accounts are Not Excluded From the Bankruptcy Estate
Blogaddress whether HSAs are excluded from the bankruptcy estate. In at least three of those cases, the bankruptcy court has held that an HSA was not exempt.[12] Even in states that have opted out of the federal exemption scheme, courts have held1/23/2014Treatment of Non-Spousal Inherited IRAs in Bankruptcy
BlogThe court reversed the decision of the District Court and found that a debtor could not exempt a non-spousal inherited IRA.[1] In Clark the debtor sought to exempt an IRA she inherited from creditors’ claims under section 522(b)(3)(C)5/16/2024Rule 1015. Consolidation or Joint Administration of Cases Pending in Same Court
Code and Rulesa joint administration of the estates. Prior to entering an order the court shall give consideration to protecting creditors of different estates against potential conflicts of interest. An order directing joint administration of individual cases of spouses shall, if one spouse has elected the exemptions5/16/20241145. Exemption from securities laws
Code and Rules5/11/2020ABI Conflict of Interest Policy
General Page- has received a copy of the conflicts of interest policy,
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12/29/2017Season 3 Episode 12 December 28
EyeOnBankruptcyExemption Has Some Limits, Illinois Judge Says .......................................... 12 “Substantial Contribution” Claim Allowed in Chapter 13 ...........................................................................................14 Owning a Home Through an LLC Can Preclude a Homestead Exemption9/29/2017Season 3 Episode 09 September 28
EyeOnBankruptcy...................11 Reversing Itself, Fifth Circuit Panel Reinstates Finality to Exemptions in Chapter 7 ....................................13 Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing .................................17 Tax Sales Can Be Avoided as Preferences, New12/28/2018Season 04 Episode 12 December 27
EyeOnBankruptcyCircuit Says .................................. 6 Tuition Payments by Insolvent Parents (Likely) Constitute Fraudulent Transfers .............................................. 8 Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says ....................... 12 Courts Split2/28/2019Season 05 Episode 01 February 28
EyeOnBankruptcyCircuit Says .................................. 6 Tuition Payments by Insolvent Parents (Likely) Constitute Fraudulent Transfers .............................................. 8 Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says ....................... 12 Courts Split6/28/2018Season 04 Episode 06 June 28
EyeOnBankruptcythat the bankruptcy court does not have a “roving commission” to do equity. In Law, the high court barred the imposition of sanctions by invading property made exempt by statute, even though the debtor persistently committed fraud. A ruling the other way would have led to anomalous results. If2/3/2023Masterclass: Preview Files
General Page(ZOOM - Will redo)Consumer - previews
- Exemptions and Reaffirmations - Hon. Eugene R. Wedoff (ZOOM)
- 11/20/2014
Ways to Give
General Page22116-7403Contributions are tax deductible. The ABI Endowment is a 501(c)(3) tax-exempt organization.
Levels of Support:
8/12/2019IN RE: ASCOT FUND LIMITED, Debtor in a Foreign Proceeding.
Case LawUnited States Bankruptcy Court for the Southern District of New York, United States, (Case No. 19-10594 (SMB))
Reported by West's Bankruptcy Reporter8/2/2019IN RE: Agneta DOBOS, Debtor. People's Bail Bonds; Harry Kassabian, Appellants, v. Agneta Dobos, Appellee.
Case LawUnited States Bankruptcy Appellate Panel for the Ninth Circuit, United States, (BAP No. CC-18-1239-FLKu; Bk. No. 2:13-bk-35978-BR; Adv. No. 2:18-ap-01001-BR)
Reported by West's Bankruptcy Reporter8/6/2019IN RE: Jeffrey W. PASLEY, Debtor. Jeffrey W. Pasley, Appellant, v. Robert W. Keats, Chapter 7 Trustee, Appellee.
Case LawUnited States Bankruptcy Appellate Panel for the Sixth Circuit, United States, (No. 18-8048)
Reported by West's Bankruptcy Reporter8/21/2019IN RE: Ubaldo JUAREZ, Debtor. Edgar Todeschi; Georgina Ponce, Appellants, v. Ubaldo Juarez, Appellee.
Case LawUnited States Bankruptcy Appellate Panel for the Ninth Circuit, United States, (BAP No. AZ-19-1028-FLB; Bk. No. 0:17-bk-06277-BMW)
Reported by West's Bankruptcy Reporter8/20/2019IN RE: Paulette J. BARIBEAU, Debtor.
Case LawUnited States Bankruptcy Court for the Western District of Texas, United States, (CASE NO. 19-51357-cag)
Reported by West's Bankruptcy Reporter