Legal Opinion

In re Rockwell

United States Bankruptcy Court, D. Maine

Decided August 23, 2018No. Case No.: 15-20583PublishedCited by 4 opinions

1Opinion of the Court

Chief Judge Peter G. Cary.

*21This case examines the permanence of an exemption claim in proceeds resulting from the sale of the debtor's homestead in a converted chapter 7 case in a jurisdiction with a temporal limit to its homestead proceeds exemption, also known as a "vanishing" exemption. The applicable exemption for Maine debtors who seek to protect the proceeds from the sale of their homesteads requires that the proceeds be reinvested in a residence within six months of the sale. Here, Mr. Rockwell filed for chapter 13 relief, received proceeds from the sale of his house during the pendency…

2Cases cited25 opinions

  1. Law v. SiegelSupreme Court of the United States · 2014
  2. Owen v. OwenSupreme Court of the United States · 1991
  3. Schwab v. ReillySupreme Court of the United States · 2010
  4. White v. StumpSupreme Court of the United States · 1924
  5. Jerry Payne and Deborah Payne, Debtors-Appellants v. Charles R. Wood, Jr.Court of Appeals for the Seventh Circuit · 1985

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3Cited by4 opinions

  1. Cynthia VoisineUnited States Bankruptcy Court, D. Maine · 2019
  2. In re: Randolph Neil Chapman and Sheryl E. Chapman, Debtors.United States Bankruptcy Court, C.D. Illinois · 2026
  3. John L. Hychko and Shannon E. HychkoUnited States Bankruptcy Court, D. Maine · 2019
  4. Pli Y Hmok and Jane H Ngoan KsorUnited States Bankruptcy Court, W.D. North Carolina · 2024

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