Saving Homes and Stripping Liens: Recent Exemption Developments

(Prepared to accompany webinar)
By William Houston Brown and Lawrence R. Ahern, III

Surcharge

The Supreme Court has granted certiorari, at 133 S. Ct. 2824, 81 USLW 3685, 81 USLW 3689 (June 17, 2013), from the Ninth Circuit’s decision affirming the Chapter 7 trustee’s surcharge of the debtor’s homestead. The circuit had approved the remedy “because the surcharge was calculated to compensate the estate for the actual monetary costs imposed by the debtor’s misconduct, and was warranted to protect the integrity of the bankruptcy . . .

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