In Re Gingery
District Court, D. Colorado
1Opinion of the Court
FINDINGS, CONCLUSIONS AND ORDER ON TRUSTEE’S OBJECTIONS TO HOMESTEAD EXEMPTION AND PROOF OF CLAIM
PATRICIA ANN CLARK, Bankruptcy Judge.
The two matters before the Court are the trustee’s objection to the homestead exemption claimed by the debtor, and the trustee’s objection to a proof of claim filed by the debtor on behalf of the Internal Revenue Service (IRS). The trustee asserts that the Bankruptcy Code does not allow a debtor to exempt property recovered pursuant to the trustee’s avoiding powers if the debtor transferred the property voluntarily. Further, the trustee urges the Court to…
2Cases cited10 opinions
- Christopher J. Redmond v. Lamonte Russell Tuttle and Ruth Ella TuttleCourt of Appeals for the Tenth Circuit · 1983
- In Re BullockUnited States Bankruptcy Court, E.D. Pennsylvania · 1984
- Reaves v. Sunset Branch, National Bank of South Dakota (In Re Reaves)United States Bankruptcy Court, D. South Dakota · 1981
- In Re HigginsUnited States Bankruptcy Court, N.D. Iowa · 1983
- In Re StarkeyDistrict Court, D. Colorado · 1984
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3Cited by15 opinions
- In Re John L. Glass, Debtor. John L. Glass v. Michael Hitt, Chapter 7 TrusteeCourt of Appeals for the Ninth Circuit · 1995
- Hitt v. Glass (In Re Glass)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Kepler v. Weis (In Re Weis)United States Bankruptcy Court, W.D. Wisconsin · 1988
- Matter of BrownUnited States Bankruptcy Court, W.D. Wisconsin · 1987
- In Re BrennanUnited States Bankruptcy Court, S.D. Illinois · 1997
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