Heintz v. Carey (In Re Heintz)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that expiration of objection to exemption deadline entitles debtor to claimed exemptions even if the debtor had “no colorable basis” to claim them
• holding that, regardless of whether the debtor claims an exemption, any interest of the debtor in property at the commencement of the bankruptcy case is “property of the estate” as that phrase is used in § 551
• holding that, regardless of whether the debtor claims an exemption, any interest of the debtor in property at the commencement of the bankruptcy case is “property of the estate” as that phrase is used in § 551
• both explaining that § 551 operates to preserve an avoided secured interest as against the debtor’s claim of exemption
• “Once property is exempted, its status as property of 16 the estate is terminated and the property is ultimately revested in the debtor.”
• It is a \well settled rule that property cannot be exempted unless it is first property of the estate.\

Source: CourtListener parenthetical corpus (CC0).