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ABI Journal

December 03, 2021

Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.

June 02, 2021

Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.

May 21, 2021

When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.

February 26, 2021

Deducting a loan to a child from her inheritance wasn’t a violation of the discharge injunction.

December 16, 2020

A debtor may have a valid ‘homestead’ exemption without residing in the property, so long as a dependent does reside there, the Second Circuit rules.

November 20, 2020

Sometimes, being too aggressive backfires when the defendant files bankruptcy.

November 12, 2020

Title doesn’t control: Jointly owned property is nonetheless community property in a dispute with a bankruptcy trustee, the California Supreme Court says.

February 14, 2020

Eighth Circuit may have rejected blanket disallowance of exemptions for retirement accounts transferred in divorce.

November 06, 2019

In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.

August 07, 2019

A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.