Legal Opinion
In Re Mazon
United States Bankruptcy Court, M.D. Florida
Decided May 11, 2007No. 9:05-BK-04213-MGWPublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM DECISION ON TRUSTEE’S MOTION TO SURCHARGE DEBTORS’ EXEMPT PROPERTY
MICHAEL G. WILLIAMSON, Bankruptcy Judge.
A trustee may equitably surcharge a debtor’s statutory exemptions when the debtor has failed to schedule and turn over estate assets. A homestead exempt under Florida’s constitutional exemption, however, may not be so surcharged unless the estate assets can be traced into the acquisition of an interest in the homestead.
In this case, the debtors failed to disclose assets valued at approximately $615,000, which they dissipated post petition. However, none of the dissipated estate…
2Cases cited17 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- Marrama v. Citizens Bank of Mass.Supreme Court of the United States · 2007
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- In the Matter of Little Creek Development Company, Debtor. Little Creek Development Co. v. Commonwealth Mortgage Corp.Court of Appeals for the Fifth Circuit · 1986
- Securities & Exchange Commission v. United States Realty & Improvement Co.Supreme Court of the United States · 1940
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Scrivner v. MashburnCourt of Appeals for the Tenth Circuit · 2008
- Scrivner v. Mashburn (In Re Scrivner)Bankruptcy Appellate Panel of the Tenth Circuit · 2007
- Rice v. Johnson (In Re Johnson)United States Bankruptcy Court, E.D. Arkansas · 2007
- Mazon v. Tardif (In Re Mazon)District Court, M.D. Florida · 2008
- In Re GodfreyUnited States Bankruptcy Court, D. Utah · 2008
2 more not listed; retrieve them via the Exa API.