Legal Opinion
In Re Brent
United States Bankruptcy Court, D. Vermont
Decided January 12, 1987No. 13-10872PublishedCited by 23 opinions
1Opinion of the Court
ORDER ON OBJECTION TO CLAIM OF EXEMPTION PURSUANT TO 11 U.S.C. § 522(d)(1)
FRANCIS G. CONRAD, Bankruptcy Judge.
This proceeding poses the narrow question whether a debtor who erroneously believes he is prohibited by a Court Order from returning to his homestead has abandoned this homestead. Because abandonment must be a voluntary act, we hold that a debtor who is absent under compulsion, whether actual or misapprehended, has not relinquished his right to the homestead. The debtor filed a voluntary Chapter 7 petition pro se on July 27, 1986. In the petition, the debtor claimed as exempt under 11…
2Cases cited23 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Butner v. United StatesSupreme Court of the United States · 1979
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
- In the Matter of Don Orriel Neis, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1983
18 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- In Re Lozada RiveraUnited States Bankruptcy Court, D. Puerto Rico · 2012
- In Re LusiakUnited States Bankruptcy Court, N.D. Ohio · 2000
- Makoroff v. Buick (In Re Buick)United States Bankruptcy Court, W.D. Pennsylvania · 1999
- In Re BennettUnited States Bankruptcy Court, D. Maine · 1996
- In Re TomkoUnited States Bankruptcy Court, E.D. Pennsylvania · 1988
18 more not listed; retrieve them via the Exa API.