By Jay S. Jump, CEO, CertificateofService.com (Pasco, WA) One of the most important issues in serving your Chapter 13 Plans, Motions to Modify, Motions to Incur, Fee Applications, and other necessary documents served or noticed under the bankruptcy rules is using the most recent Master Mailing List (“MML”) from the Court. Your Court Clerk maintains and updates, on a regular...
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
“Jan Hamilton” – Need We Say More?
WE LOVE AND WILL MISS YOU, HELEN
Finding Your Village: An Introductory Guide to Bringing Fair Credit Reporting Act Claims for Clients Post-Bankruptcy
Claims: Transfers, Address Changes, and Payee Switches – Oh My!
The Importance of Using the Latest Master Mailing List for Serving Your Bankruptcy Documents
Section 302: Joint but Separate
Avoidance Powers in Chapter 13 – Part 4 of 6
When The Marital Community Doesn’t Get a Bankruptcy Discharge
Critical Case Comment
Critical Case Comment – No Mulligans for Gardners