Legal Opinion
Novak v. Woodin (In Re Woodin)
United States Bankruptcy Court, D. Connecticut
Decided June 2, 2003No. 19-30315PublishedCited by 5 opinions
1Opinion of the Court
RULING ON DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
ROBERT L. KRECHEVSKY, Bankruptcy Judge.
I
ISSUE
A
The question for decision is whether the plaintiff Chapter 7 trustee is foreclosed from pursuing a fraudulent property transfer action against the transferee-defendant because the trustee failed to timely object to the debtor’s claimed homestead exemption of the property she transferred pre-petition. The short answer is “no,” on the two bases separately set out in sections IV. A and B, infra.
B
The defendant raises the issue in his motion for summary judgment (“the motion”) in his favor. The plaintiff…
2Cases cited6 opinions
- Taylor v. Freeland & KronzSupreme Court of the United States · 1992
- Owen v. OwenSupreme Court of the United States · 1991
- Robert A. Mercer, Jr., Debtor v. Jason Monzack, EsquireCourt of Appeals for the First Circuit · 1995
- Moldo v. Clark (In Re Clark)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2001
- In Re PageUnited States Bankruptcy Court, W.D. Michigan · 1999
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In Re De HertoghUnited States Bankruptcy Court, D. Connecticut · 2009
- In Re SbriglioUnited States Bankruptcy Court, D. Connecticut · 2004
- In re ConleyUnited States Bankruptcy Court, W.D. Virginia · 2003
- In re GillenwaterUnited States Bankruptcy Court, W.D. Virginia · 2012
- In re SchmittUnited States Bankruptcy Court, E.D. Wisconsin · 2018