Legal Opinion
In Re Montanez
United States Bankruptcy Court, E.D. Michigan
Decided April 15, 1999No. 19-42947PublishedCited by 10 opinions
1Opinion of the Court
Opinion
STEVEN W. RHODES, Chief Judge.
In this bizarre case, the Court concludes that to prevent an abuse of process, 11 U.S.C. § 105(a), it must sustain the trustee’s untimely objection to the debtor’s exemption of a personal residence in which she denies and rejects any interest. The abuse lies in the debtor’s attempt, through that denial, to protect herself and her daughter from the potentially severe consequences of the post-petition sale of the home. On the other hand, for lack of evidence, the Court overrules the trustee’s timely objection to the debtor’s exemption of household goods and…
2Cases cited20 opinions
- Norwest Bank Worthington v. AhlersSupreme Court of the United States · 1988
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- In Re DownsCourt of Appeals for the Sixth Circuit · 1996
- In Re Omegas Group, Inc., Debtor. Xl/datacomp, Inc., Plaintiff-Appellant/cross-Appellee v. John R. Wilson, Trustee, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1994
- In Re Victoria Johnston Laurain, Debtor. David G. Rogers, Trustee v. Victoria Johnston LaurainCourt of Appeals for the Sixth Circuit · 1997
15 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In Re ColvinUnited States Bankruptcy Court, E.D. Michigan · 2003
- Towers v. Boyd (In Re Boyd)District Court, N.D. California · 2000
- In Re RosenzweigUnited States Bankruptcy Court, N.D. Illinois · 2000
- Gold v. Guttman (In Re Guttman)United States Bankruptcy Court, E.D. Michigan · 1999
- Roudebush v. Sharp (In Re Sharp)United States Bankruptcy Court, E.D. Michigan · 2000
5 more not listed; retrieve them via the Exa API.