Legal Opinion

Stinson v. Williamson

Court of Appeals for the Fifth Circuit

Decided December 2, 1986No. 85-4940PublishedCited by 8 opinions

1Opinion of the Court

E. GRADY JOLLY, Circuit Judge:

This case presents us with the question whether a bankrupt should be permitted, after claiming federal exemptions in his original bankruptcy petition, to amend his classifications so as to claim a state homestead exemption. We hold that such amendment ought to have been allowed, and we therefore reverse the district court. We further hold that the homestead exemption should be determined as of the date the debtor initially filed his chapter 11 reorganization petition in bankruptcy, not as of the date that he converted it into a chapter 7 liquidation petition.…

2Cases cited15 opinions

  1. In the Matter of Arthur Gershenbaum, Bankrupt. Appeal of Arthur GershenbaumCourt of Appeals for the Third Circuit · 1979
  2. In Re LepperUnited States Bankruptcy Court, D. Maryland · 1986
  3. Gary W. KOCH, Panel Trustee, Appellant, v. Glenn L. & Janet E. MYRVOLD, AppelleesCourt of Appeals for the Eighth Circuit · 1986
  4. In Re BraddonUnited States Bankruptcy Court, W.D. New York · 1986
  5. Matter of EldridgeUnited States Bankruptcy Court, S.D. New York · 1981

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

3Cited by8 opinions

  1. 15 Collier bankr.cas.2d 1225, Bankr. L. Rep. P 71,523 in the Matter of Clyde Williamson, D/B/A Triangle 44 Farms, Debtor. Glen A. Stinson v. Clyde E. Williamson, D/B/A Triangle 44 FarmsCourt of Appeals for the Fifth Circuit · 1986
  2. Phillip v. PenderCourt of Appeals for the Fifth Circuit · 1991
  3. In Re HardyUnited States Bankruptcy Court, W.D. Missouri · 1999
  4. McFatter v. CageDistrict Court, S.D. Texas · 1996
  5. In Re HandshawUnited States Bankruptcy Court, M.D. Florida · 1996

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

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