Legal Opinion
In re Colliau
United States Bankruptcy Court, W.D. Texas
Decided May 20, 2016No. CASE NO. 15-11166-tmdPublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM OPINION
TONY M. DAVIS, UNITED STATES BANKRUPTCY JUDGE
Under the snapshot rule, exemptions are determined by the law and the facts as they exist on the petition date. This Court previously determined that, as of the petition date, the Debtors’ .equity in their homestead was less than the maximum allowed by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Can the trustee nonetheless keep the case open and wait to see if the property appreciates to a higher value, and then claim that value for the estate?
I. BACKGROUND AND FACTS
A. Framing the dispute.
Like many of…
2Cases cited15 opinions
- Law v. SiegelSupreme Court of the United States · 2014
- Schwab v. ReillySupreme Court of the United States · 2010
- White v. StumpSupreme Court of the United States · 1924
- United States v. Robert B. Sutton and Sutton Investments, Inc.Court of Appeals for the Fifth Circuit · 1986
- In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
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3Cited by2 opinions
- McDermott v. Crabtree (In re Crabtree)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2017
- Todd Crabtree v. Daniel McDermottUnited States Bankruptcy Appellate Panel for the Eighth Circuit · 2017