Supreme Court Accepts Cert in Homestead Exemption Case

By M. Jonathan Hayes, Certified Bankruptcy Specialist, Sherman Oaks, CA

On June 17, 2013, the Supreme Court granted a Writ of Certiorari in the 9th Circuit case of Law v. Siegel. Oral argument will be next session, probably in November or December, 2013.

In Law v. Siegel, the chapter 7 trustee filed a Motion to Surcharge the Debtor’s Home Exemption based on alleged misconduct of the debtor. The Court granted the motion awarding the trustee the entire claimed exemption of $75,000. The debtor appealed to the BAP which ultimately affirmed. The 9th . . .

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