BANKRUPTCY LAW (9th Circuit Court of Appeal; Homestead Exemption): The debtors had moved from Kansas to Arizona, and claimed the Arizona homestead exemption for their new residence. The Trustee objected, but was overruled. The Court of Appeal held that where the debtors (homeowners) claim the homestead exemption, it is up to the Trustee to prove why the exemption is inappropriate in the particular case. Because the Trustee did not show that the homeowners were eligible for Kansas exemptions, the bankruptcy court properly allowed the Arizona homestead exemption to apply to their case. (In re Mark Christian Schreiber and Deborah Jean Schreiber, Case No. 21-16028 [unpublished]; 9th Circuit, filed March 3, 2022).
- BANKRUPTCY LAW: Trustee May Recover Transferred AssetsBy Herbert WigginsIn UncategorizedSeptember 9, 2022BANKRUPTCY LAW: Trustee May Recover Transferred […]
- BANKRUPTCY LAW: Denial of Discharge for Failure to Maintain Books and RecordsBy Herbert WigginsIn bankruptcy, BANKRUPTCY LAWAugust 5, 2022A debtor who seeks discharge, for himself or for a […]
- BANKRUPTCY LAW: Finding of Fraud in State Court Prevented Discharge of the Associated DebtBy Herbert WigginsIn bankruptcy, BANKRUPTCY LAWJuly 22, 2022Where Debtor had a judgment entered against him by […]