In Re Virissimo
United States Bankruptcy Court, D. Nevada
1Opinion of the Court
MEMORANDUM OPINION GRANTING TRUSTEE’S OBJECTION TO EXEMPTION 1
LINDA B. RIEGLE, Bankruptcy Judge.
At issue is the effect of the amendments to 11 U.S.C. § 522 as added by § 322(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPC-PA). 2 Specifically, this Court must decide whether those amendments as set forth in § 522(p) limit the amount that a Nevada debtor can claim as exempt as his homestead under Nevada law if the debtor has not owned the property for more than 1215 days and did not previously own property in this state. 3
As set forth below, the Court finds that…
2Cases cited8 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Heintz v. Carey (In Re Heintz)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1996
- United Services Automobile Association v. William J. Perry, Secretary of United States Department of Defense, and United States of AmericaCourt of Appeals for the Fifth Circuit · 1997
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3Cited by20 opinions
- Greene v. SavageCourt of Appeals for the Ninth Circuit · 2009
- In Re KaneUnited States Bankruptcy Court, D. Nevada · 2006
- In Re RasmussenUnited States Bankruptcy Court, M.D. Florida · 2006
- In Re BlairUnited States Bankruptcy Court, N.D. Texas · 2005
- Kim v. Kim (In Re Kim)United States Bankruptcy Court, N.D. Texas · 2009
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