The NACTT Academy offers a comprehensive community for bankruptcy professionals seeking to advance their education in consumer bankruptcy.
ConsiderChapter13.org offers a forum to advance continuing education of consumer bankruptcy via access to insightful articles, informative webinars, and the latest industry news. Join now to benefit from expert resources and stay informed.
These informative sessions are led by industry experts and cover a range of consumer bankruptcy topics.
Written by industry experts, these articles provide in-depth analysis and practical guidance on consumer bankruptcy topics.
The Academy is the go-to source for the latest news and analysis in the Chapter 13 bankruptcy industry.
From the Editor’s Desk – Property of Estate and Exemptions
Print This Article
Link to Post:
By The Honorable William Houston Brown (Retired)
Chapter 7 trustee’s authority to sell residence. A debtor’s residence, in which there was no equity above the first mortgage, remained property of the estate, notwithstanding the debtor’s reservation of $60,000 homestead exemption, which was subordinate to the first lien. The reserved exemption did not prevent the trustee’s sale of the residence, with the mortgage lien attaching to proceeds. Applying Schwab v. Reilly and North Carolina’s homestead, the residence was not subject to an in-kind or unlimited exemption, and unless . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
Critical Case Comment – Bad Faith to Not Pay Both Tests?
13 documents by Independence Software – Encrypted and Scans for PII
Representing Elderly Clients in Bankruptcy – Part 1 of 3
New Trustee Named
Negotiating Plan Confirmation with Secured Creditors – Issues Involving Balloon Payments and Other Mortgage Loans Subject to Modification Under § 1322(c) – Part 1 of 3
Meet a New Trustee
Pump the Brakes: Bad Faith Debtors Are Not Gaming the System
2022 Bankruptcy Procedure Year in Review: Revised Statute and Rules and Selected Cases – Part 1 Amended Statute and Rules Amendments Not Related to SBRA
Can Good Facts Also Make Bad Law? Finality of Orders in Bankruptcy Revisited after Ritzen Group
How to Build and Strengthen Your Chapter 13 Debtor Practice