Legal Opinion
In Re Dowling
United States Bankruptcy Court, N.D. California
Decided January 5, 2009No. 16-40735PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER ON TRUSTEE’S OBJECTION TO ENHANCED HOMESTEAD EXEMPTION AND MOTION TO SURCHARGE EXEMPTION
MARILYN MORGAN, Bankruptcy Judge.
Introduction
Before the court is the trustee’s objection to the enhanced homestead exemption claimed by the debtor and the trustee’s motion to surcharge the debtor’s homestead exemption. For the reasons that follow, the trustee’s objection is overruled, the enhanced homestead exemption in the amount of $150,000 is allowed, and the exemption is surcharged in the amount of the fair market rental value of the residence.
Factual Background
The debtor,…
2Cases cited10 opinions
- Commissioner v. Glenshaw Glass Co.Supreme Court of the United States · 1955
- Latman v. BurdetteCourt of Appeals for the Ninth Circuit · 2004
- Arnold v. Gill (In Re Arnold)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2000
- In Re John L. Glass, Debtor. John L. Glass v. Michael Hitt, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1995
- Max Sobel Wholesale Liquors v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1980
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3Cited by2 opinions
- Broadway Foreclosure Investments, LLC v. TarlessonCalifornia Court of Appeal · 2010
- Michael F MarlinUnited States Bankruptcy Court, D. Idaho · 2021