Legal Opinion
In re Aubiel
Bankruptcy Appellate Panel of the Sixth Circuit
Decided July 22, 2015No. BAP No. 14-8051; Bankruptcy No. 13-33816PublishedCited by 17 opinions
1Opinion of the Court
OPINION
C. KATHRYN PRESTON, Chief Judge.
In this appeal, William C. Aubiel (“Debt- or”), appeals the bankruptcy court’s order denying his claim of exemption in a 46-foot Sea Ray boat and ordering turnover of the boat to the Trustee. For the reasons stated below, the Panel AFFIRMS the bankruptcy court’s order.
ISSUE ON APPEAL
The issue on appeal is whether the bankruptcy court erred in finding that, because the boat was not Debtor’s primary residence, Debtor was not entitled to a homestead exemption in his boat and must turnover the boat to the Trustee.1
JURISDICTION AND STANDARD OF REVIEW
Under 28…
2Cases cited23 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Midland Asphalt Corp. v. United StatesSupreme Court of the United States · 1989
- District of Columbia v. MurphySupreme Court of the United States · 1941
- Hamo v. Wilson (In Re Hamo)Bankruptcy Appellate Panel of the Sixth Circuit · 1999
- Wicheff v. Baumgart (In Re Wicheff)Bankruptcy Appellate Panel of the Sixth Circuit · 1998
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3Cited by17 opinions
- Hoover v. Jones (In re Jones)Bankruptcy Appellate Panel of the Sixth Circuit · 2016
- Creditors v. LileDistrict Court, N.D. Ohio · 2018
- Pidcock v. SchwabDistrict Court, N.D. Ohio · 2017
- In re FelixUnited States Bankruptcy Court, S.D. Ohio · 2017
- Andrea R ThomasUnited States Bankruptcy Court, N.D. Ohio · 2023
12 more not listed; retrieve them via the Exa API.