Legal Opinion

In re Awayda

United States Bankruptcy Court, C.D. Illinois

Decided October 18, 2017No. Case No. 17-90458PublishedCited by 13 opinions

1Opinion of the Court

OPINION

Mary P. Gorman, United States Chief Bankruptcy Judge

This matter is before the Court following a hearing on an Objection to Claim of Exemptions and a Motion for Turnover Order filed by Kristin Wilson, Chapter 7 trustee (“Trustee”). The Trustee challenges the Debtor’s claimed exemption in proceeds from the sale of her homestead on the basis that the exemption could expire at a later date. Because the exemption was validly claimed as of the petition date, however, the Debtor is unconditionally entitled to the exemption regardless of any potential postpetition developments. The Trustee’s…

2Cases cited27 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Katchen v. LandySupreme Court of the United States · 1966
  3. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  4. Law v. SiegelSupreme Court of the United States · 2014
  5. Owen v. OwenSupreme Court of the United States · 1991

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3Cited by13 opinions

  1. Hull v. RockwellCourt of Appeals for the First Circuit · 2020
  2. In re RockwellUnited States Bankruptcy Court, D. Maine · 2018
  3. Burciaga v. MogliaDistrict Court, E.D. Illinois · 2019
  4. Burciaga v. MogliaDistrict Court, N.D. Illinois · 2019
  5. HULL v. ROCKWELLDistrict Court, D. Maine · 2019

8 more not listed; retrieve them via the Exa API.

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