Legal Opinion
In Re Holland
Court of Appeals for the Seventh Circuit
Decided August 19, 2008No. 07-1949PublishedCited by 6 opinions
1Opinion of the Court
WILLIAMS, Circuit Judge.
When a debtor files for bankruptcy in Illinois but owns real property in Florida, which state’s law applies in determining whether the property is exempt from the debtor’s bankruptcy estate? That’s the central question raised on appeal here and the answer turns on 11 U.S.C. § 522(b)(2)(B) (2005) (which has since been renumbered as § 522(b)(3)(B)). Debtor Diana Holland believes this provision points us to Florida law; the trustee of her bankruptcy estate prefers Illinois law. The district court agreed with Holland but never decided whether she was entitled to an…
2Cases cited18 opinions
- Jove Engineering, Inc. v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1996
- In the Matter of Daniel J. YONIKUS and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. YONIKUSCourt of Appeals for the Seventh Circuit · 1993
- In the Matter of Richard Lee Fox and Marlyce Kay Fox, Debtors. Appeal of Peter F. Herrell, Trustee in BankruptcyCourt of Appeals for the Seventh Circuit · 1985
- In Re: Fernando R. Alvarez, Debtor. Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. v. Fernando R. AlvarezCourt of Appeals for the Eleventh Circuit · 2000
- United States v. Torres (In Re Torres)Court of Appeals for the First Circuit · 2005
13 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- In re Rockford Products Corp.Court of Appeals for the Seventh Circuit · 2013
- Settembre v. Fidelity & Guaranty Life InsuranceCourt of Appeals for the Sixth Circuit · 2009
- Western Glove Works v. XMH Corp. 1Court of Appeals for the Seventh Circuit · 2011
- Fioravante Settembre v. Fidelity & Guaranty Life InsurCourt of Appeals for the Sixth Circuit · 2009
- Harrison Kishwaukee, LLC v. Rockford Acquisition, LLCCourt of Appeals for the Seventh Circuit · 2013
1 more not listed; retrieve them via the Exa API.