Brown v. Ellmann (In re Brown)

(6th Cir. Mar. 20, 2017)

The Sixth Circuit affirms the bankruptcy court’s order denying the debtor’s claim for an exemption under 11 U.S.C. § 522(d). The real property was fully encumbered by secured claims and thus the debtor had no equity in the property. The court applies its prior decision in In re Baldridge. The trustee also argued that the debtor’s appeal was moot under 11 U.S.C. § 363(m) and other authority but failed to meet the trustee’s burden on the issue. Opinion below.

Judge: Merritt

Attorney for Debtor: Gary Boren

Trustee: Douglas Stanley Ellmann

2017-03-20 – in re brown

Author: Matt Lindblom

In re Nageleisen

(Bankr. E.D. Ky. Mar. 18, 2015)

The bankruptcy court holds that KRS 427.170 merely allows Kentucky debtors to claim 11 U.S.C. § 522(d) exemptions in bankruptcy. It does not adopt the federal bankruptcy exemptions into the body of state exemption law. Thus, the court rejects the debtor’s argument that she should be permitted to claim the § 522(d) exemptions as well as an exemption in entireties property under state law. Opinion below.

2015-03-18 – in re nageleisen

Author: Matt Lindblom