By William Houston Brown, Adviser, Academy for Consumer Bankruptcy Education, Inc. and Lawrence R. Ahern, III, Brown and Ahern (Nashville, TN) In two February opinions, the Supreme Court addressed issues that appear in bankruptcy cases, one dealing with a common practice of entering nunc pro tunc orders and the other affecting determination of property rights under state law. In a...
From the Editor – Property of Estate and Exemptions
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By The Honorable William Houston Brown (Retired)
Georgia’s bankruptcy-specific exemptions were constitutional. Georgia’s treatment of bankruptcy debtors differently from other debtors by establishment of bankruptcy- specific exemptions does not violate Georgia’s Equal Protection Clause nor the Bankruptcy Clause of the United States Constitution. Bankruptcy uniformity does not require an opt-out state to treat bankruptcy and non-bankruptcy debtors exactly alike. Section 522 does not permit a bankruptcy debtor to use a state’s exemption statute when the state has provided it is unavailable. McFarland v. Wallace (In re McFarland)
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