Legal Opinion

Khan v. Bankowski (Khan)

Bankruptcy Appellate Panel of the First Circuit

Decided September 6, 2007No. BAP No. 07-036, Bankruptcy No. 06-13878-WCHPublishedCited by 20 opinions

1Opinion of the Court

DEASY, Bankruptcy Judge.

Sher Zamin Khan (the “Debtor”) appeals from the May 8, 2007, order of the bankruptcy court sustaining the objection of Carolyn Bankowski, chapter 13 trustee, (the “Trustee”) to the Debtor’s homestead exemption to the extent the exemption exceeds $125,000.00 (the “Order”). 1 The issue presented is whether an interest in property transferred to the Debtor by a trust is considered an interest acquired by the Debtor within the time period set by § 522(p)(1) of the Bankruptcy Code, 2 thereby resulting in a limitation of the amount of homestead exemption that may be claimed…

2Cases cited29 opinions

  1. James L. McCoy Administrator of the Electrical Workers Trust Funds, Etc. v. Massachusetts Institute of TechnologyCourt of Appeals for the First Circuit · 1991
  2. LaChapelle v. Berkshire Life InsuranceCourt of Appeals for the First Circuit · 1998
  3. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  4. T I Federal Credit Union v. DelBonisCourt of Appeals for the First Circuit · 1995
  5. In Re Savage Industries, Inc., Debtor. Western Auto Supply Company v. Savage Arms, Inc.Court of Appeals for the First Circuit · 1994

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

3Cited by20 opinions

  1. Wallace v. RogersCourt of Appeals for the Fifth Circuit · 2008
  2. Gagne v. Fessenden (Gagne)Bankruptcy Appellate Panel of the First Circuit · 2008
  3. Soulé v. Willcut (In re Willcut)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
  4. Aroesty v. Bankowski (In Re Aroesty)Bankruptcy Appellate Panel of the First Circuit · 2008
  5. Parks v. AndersonDistrict Court, D. Kansas · 2009

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

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