Legal Opinion
Degiacomo v. Traverse
Court of Appeals for the First Circuit
Decided May 23, 2014No. 13-9002PublishedCited by 46 opinions
1Opinion of the Court
HOWARD, Circuit Judge.
This case requires us to explore the contours of a bankruptcy trustee’s lien avoidance and preservation powers under 11 U.S.C. §§ 544 and 551 when a debtor’s state-law homestead exemption has been invoked.
In 2005, six years before filing a petition for Chapter 7 bankruptcy, Virginia Tra verse secured a loan with a mortgage on her home. In the years before her bankruptcy and continuing since filing her petition, Traverse has remained current on all mortgage payments on the property. Because Traverse’s home is subject to a homestead exemption under Massachusetts law, in…
2Cases cited31 opinions
- Stern v. MarshallSupreme Court of the United States · 2011
- Dewsnup v. TimmSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
- Schwab v. ReillySupreme Court of the United States · 2010
- In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, TrusteeCourt of Appeals for the Ninth Circuit · 1992
26 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- John Bird v. United States Bankruptcy Court for the District of UtahBankruptcy Appellate Panel of the Tenth Circuit · 2017
- In re SoppickUnited States Bankruptcy Court, E.D. Pennsylvania · 2014
- Mercado v. Banco Popular De Puerto RicoBankruptcy Appellate Panel of the First Circuit · 2019
- In re ChristensenUnited States Bankruptcy Court, D. Utah · 2016
- Jones v. Brand Law Firm, P.A. (In re Belmonte)Court of Appeals for the Second Circuit · 2019
41 more not listed; retrieve them via the Exa API.