Legal Opinion
In Re Rolfes
United States Bankruptcy Court, E.D. Tennessee
Decided March 11, 2004No. 02-16960PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM
R. THOMAS STINNETT, Bankruptcy Judge.
The debtors seek to recover from the bankruptcy trustee $1,000 that he retained from their homestead exemption as rent for the time they occupied their residence after filing bankruptcy. The trustee contends the debtors are not only liable for rent but they must also repay $1,500 of the $6,500 that he previously paid them as their homestead exemption.
The debtors, Mr. and Mrs. Rolfes, claimed a $7,500 homestead exemption in their residence. 11 U.S.C. § 522(b)(1); Tenn.Code Ann. § 26-2-112 & § 26-2-301. The property schedules filed by the debtors…
2Cases cited11 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- In Re: Graham Square, Inc.Court of Appeals for the Sixth Circuit · 1997
- In the Matter of Martin Szekely and Donna Szekely, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
- In Re William J. Schnabel and Alice M. Schnabel, Bankrupts. Appeal of Mitchell D. Serrano and Martha L. SerranoCourt of Appeals for the Seventh Circuit · 1980
- Kitchen v. Boyd (In re Newpower)Court of Appeals for the Sixth Circuit · 2000
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3Cited by2 opinions
- Revis v. MeldrumCourt of Appeals for the Sixth Circuit · 2007
- Revis v. MeldrumCourt of Appeals for the Sixth Circuit · 2007