In Re Magee
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
MEMORANDUM DECISION DENYING OBJECTION TO HOMESTEAD EXEMPTION
CECELIA MORRIS, Bankruptcy Judge.
Judgment creditor Kamco Supply Corp. objects to Daniel Magee’s (“Daniel”) homestead exemption in the amount of $50,000, alleging that Daniel claimed the $10,000 exemption in his earlier bankruptcy case. Kamco argues that the earlier homestead exemption, which was for the legal amount in effect at the time, is res judicata in the present case, which was filed after New York increased its homestead exemption to $50,000. The Court overrules the objection. Daniel’s first and second cases involve two…
2Cases cited17 opinions
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Owen v. OwenSupreme Court of the United States · 1991
- Schwab v. ReillySupreme Court of the United States · 2010
- In Re Jartran, Inc., Debtor. Fruehauf Corporation v. Jartran, Inc.Court of Appeals for the Seventh Circuit · 1989
- In the Matter Of: Warren C. Chappell and Barbara A. Chappell, Doing Business as Mister Photographer, Debtors, Appeal Of: Homebanc, IncorporatedCourt of Appeals for the Seventh Circuit · 1993
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