Legal Opinion
In Re Pearlman
United States Bankruptcy Court, S.D. New York
Decided October 28, 1985No. 18-36972PublishedCited by 5 opinions
1Opinion of the Court
DECISION ON TRUSTEE’S MOTION TO STRIKE DEBTOR’S CLAIMED HOMESTEAD EXEMPTION
TINA L. BROZMAN, Bankruptcy Judge.
By Notice of Motion dated November 6, 1984, the Chapter 7 Trustee (“Trustee”) seeks to strike the debtor’s claimed homestead exemption and direct the debtor, Robert Pearlman, to amend his Schedule B-4 to reflect that disallowance. The Trustee asserts that a cooperative apartment currently inhabited not by the debtor but by the debtor’s wife and two children, is not within the purview of section 5206(a) of the New York Civil Practice Law and Rules (C.P.L.R.), which law is governing.
The…
2Cases cited6 opinions
- First Federal Savings & Loan Ass'n v. BrownAppellate Division of the Supreme Court of the State of New York · 1980
- In re the Estate of GalciaNew York Surrogate's Court · 1969
- In Re ThomasUnited States Bankruptcy Court, S.D. New York · 1983
- Michaels v. Chemical BankNew York Supreme Court · 1981
- Fontana v. FontanaAppellate Division of the Supreme Court of the State of New York · 1982
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3Cited by5 opinions
- CFCU Community Credit Union v. HaywardCourt of Appeals for the Second Circuit · 2009
- In Re MillerUnited States Bankruptcy Court, N.D. New York · 1989
- In Re MoulterieUnited States Bankruptcy Court, E.D. New York · 2008
- Connelly v. RoachDistrict Court, W.D. New York · 1987
- In re: CFCU Community Credit UnionCourt of Appeals for the Second Circuit · 2009