Legal Opinion
Larson v. Howell
Court of Appeals for the First Circuit
Decided January 23, 2008No. 07-1925PublishedCited by 5 opinions
1Opinion of the Court
LYNCH, Circuit Judge.
This case requires us, as a matter of first impression, to determine whether the state crime of negligent vehicular homicide qualifies as a “criminal act” which would cap a debtor’s homestead exemption to $125,000 under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), Pub.L. No. 109-8, § 322(a), 119 Stat. 23, 97 (codified at 11 U.S.C. § 522(q)(l)(B)(iv)). We hold that where a state court has found the debtor was criminally liable for negligent homicide, such a finding triggers the federal statutory cap on state homestead exemptions under the…
2Cases cited16 opinions
- Russello v. United StatesSupreme Court of the United States · 1983
- Duncan v. WalkerSupreme Court of the United States · 2001
- Lamie v. United States TrusteeSupreme Court of the United States · 2004
- Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
- United States v. Wong Kim Bo, A/K/A Yee Kuk Ho, Etc.Court of Appeals for the Fifth Circuit · 1972
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3Cited by5 opinions
- Puerto Rico Electric Power Authority v. Rentas (In re PMC Marketing Corp.)Bankruptcy Appellate Panel of the First Circuit · 2014
- CSX Transp., Inc. v. HealeyDistrict Court, District of Columbia · 2018
- CSX Transportation, Inc. v. COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE ATTORNEY GENERALDistrict Court, D. Massachusetts · 2018
- Puerto Rico Electric Power Authority v. Noreen Wiscovitch Rentas, Chapter 7 TrusteeUnited States Bankruptcy Court, D. Puerto Rico · 2014
- Todd James OliverUnited States Bankruptcy Court, E.D. California · 2023