The Ninth Circuit held that the failure to object to a claimed homestead exemption within the 30-day period does not allow the debtor to exempt more than the statutory limit when the case originated as a Chapter 11 bankruptcy and included conflicting representations regarding the exemptions. Read More
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The 9th Circuit Holds A Homestead Exemption Is Limited to Statutory Cap in a Chapter 11 to 7 Conversion
Posted by Jim Haller - July 31st, 2024
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Todeschi v. Juarez, No. 19-60051 (9th Cir.)
Posted by NCBRC - May 29th, 2020
Type: Amicus
Date: April 10, 2020
Description: Whether section 1129(b)(2)(B)(ii) requires debtors to offer new value for exempt property.
Result: Pending. -
Burciaga v. Moglia (In re Burciaga), No. 19-2246 (7th Cir.)
Posted by NCBRC - November 19th, 2019
Type: Amicus
Date: September 17, 2019
Description: Whether property of a debtor is exempt under 522(b)(3)(A) if applicable state law provides that the property is not subject to any collection action.
Result: Pending -
Lerbakken v. Sieloff and Assoc., P.A., No. 18-3415 (8th Cir.)
Posted by NCBRC - February 20th, 2019
Type: Amicus
Date: February 12, 2019.
Description: Whether the bankruptcy court erred in denying the Chapter 7 debtor’s claimed exemption in funds in a 401(k) account and an IRA that had been awarded to him in a prepetition marital dissolution proceeding.
Result: Affirmed. February 7, 2020.Lerbakken 8th Cir NACBA Amicus Feb 2019
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Wilson v. Rigby, No. 17-35716 (9th Cir.)
Posted by NCBRC - December 18th, 2017
Type: Amicus
Date: December 12, 2017
Description: Whether debtor has a right to an exemption of more than the equity on the day of filing when there is room to capture increased value in exemption.
Result: Pending -
Wilson v. Rigby, No. 16-1684 (W.D. Wash)
Posted by NCBRC - February 6th, 2017
Type: Amicus
Date: February 3, 2017
Description: Whether debtor has right to an exemption of more than the equity on the day of filing when there is room to capture increased value in exemption.
Result: Pending -
Peake v. Ayobami, No. 16-20589 (5th Cir.)
Posted by NCBRC - December 30th, 2016
Type: Amicus
Date: December 20, 2016
Description: Whether post-petition appreciation devolves to a debtor electing federal exemptions when the debtor checks off the 100% FMV box and does not exceed the statutory limitation on exemptions.
Result: PendingAyobami NACBA Amicus 5th Cir Dec 2016
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Lua v. Miller, No. 15-56814 (9th Cir.)
Posted by NCBRC - November 15th, 2016
Type: Amicus
Date: July 25, 2016
Description: Whether equitable estoppel under state law may prevent a debtor’s amendment of claimed exemptions.
Result: Pending -
Hardy v. Fink, No. 14-1181 (8th Cir.)
Posted by NCBRC - March 16th, 2016
Type: Amicus
Date: November 10, 2014
Description: Whether the refundable component of the federal child tax credit was not exempt as a “public assistance benefit” under Missouri law, and whether the facts were not sufficiently developed below to support a precedential decision.
Result: Reversed June 2, 2015. Debtor won. -
Law v. Siegel (In re Law), No. 12-5196 (SCt)
Posted by NCBRC - March 3rd, 2015
Type: Amicus
Date: September 3, 2013
Description: Whether trustee has the power to impose a special charge on the debtor by taking away homestead exemption for failing to comply with the trustee’s demands for information during discovery.
Result: Debtor won, 571 U.S. ___ (March 4, 2014)
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