Legal Opinion

Stornawaye Financial Corp. v. Hill

Court of Appeals for the First Circuit

Decided April 1, 2009No. 08-9006PublishedCited by 78 opinions

1Opinion of the Court

SELYA, Circuit Judge.

This bankruptcy appeal concerns a matter of first impression at the circuit court level. The pivotal question is this: May a debtor’s homestead exemption be denied, under 11 U.S.C. § 522(g), with respect to residential property fraudulently transferred but voluntarily reconveyed pre-petition in response to efforts of a creditor? The bankruptcy court answered this question affirmatively. The bankruptcy appellate panel (the BAP) disagreed, holding that section 522(g) does not authorize a denial of the exemption in these circumstances. In re Hill, 387 B.R. 339 (1st Cir.BAP…

2Cases cited14 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Ruiz v. Bally Total Fitness Holding Corp.Court of Appeals for the First Circuit · 2007
  3. Boivin v. BlackCourt of Appeals for the First Circuit · 2000
  4. In Re Stn EnterprisesCourt of Appeals for the Second Circuit · 1985
  5. Brandt v. Repco Printers & Lithographics, Inc. (In Re Healthco International, Inc.)Court of Appeals for the First Circuit · 1997

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

3Cited by78 opinions

  1. Securities & Exchange Commission v. TamboneCourt of Appeals for the First Circuit · 2010
  2. G. v. The Fay SchoolCourt of Appeals for the First Circuit · 2019
  3. Foisie v. Worcester Polytechnic Inst.Court of Appeals for the First Circuit · 2020
  4. Vázquez Laboy v. Doral Mortgage Corp.Court of Appeals for the First Circuit · 2011
  5. Degiacomo v. TraverseCourt of Appeals for the First Circuit · 2014

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

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