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Legal Opinion

In the Matter of Martin Szekely and Donna Szekely, Debtors-Appellants

Court of Appeals for the Seventh Circuit

Decided July 2, 1991No. 90-1536PublishedCited by 56 opinions

1Opinion of the Court

POSNER, Circuit Judge.

This bankruptcy appeal raises a surprisingly fundamental, and difficult, question (assuming we can get over a jurisdictional hurdle), on which we are unable to find any authority. The question is whether if a debtor continues to occupy his home after declaring bankruptcy, the trustee can charge rent to him, notwithstanding the homestead exemption. The debtors in this case — a married couple named Szekely, living in Zion, Illinois — declared bankruptcy (originally under Chapter 13, later converted to Chapter 7 — liquidation) on December 5, 1988. One of the assets of the…

2Cases cited13 opinions

  1. In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
  2. In the Matter of MORSE ELECTRIC COMPANY, INC., Debtor. Appeal of HOOSIER FENCE COMPANY, INC.Court of Appeals for the Seventh Circuit · 1986
  3. 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
  4. In the Matter of William W. Wagner, Debtor-AppellantCourt of Appeals for the Seventh Circuit · 1986
  5. First National Bank of Mobile v. Alton A. NorrisCourt of Appeals for the First Circuit · 1983

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

3Cited by56 opinions

  1. In the Matter of JAMES WILSON ASSOCIATES, Debtor. Appeals of METROPOLITAN LIFE INSURANCE COMPANYCourt of Appeals for the Seventh Circuit · 1992
  2. In the Matter of William J. Stoecker, Debtor. Appeal of Thomas E. Raleigh, as Chapter 7 Trustee for the Estate of William J. StoeckerCourt of Appeals for the Seventh Circuit · 1993
  3. In the Matter of Daniel L. Lybrook and Linda Lou Lybrook, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
  4. In the Matter of Forty-Eight Insulations, Incorporated, Debtor. Appeal of Maritime Asbestos 1Court of Appeals for the Seventh Circuit · 1997
  5. In Re: Rimsat, Limited, Debtor, Appeals Of: Kauthar Sdn BhdCourt of Appeals for the Seventh Circuit · 2000

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