In Re Irwin Hyman Janice Hyman, Debtors. Irwin Hyman Janice Hyman v. Gary A. Plotkin, Trustee

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

• concluding that pursuant to section 522(b)(3)(a)’s deference to state law homestead exemptions, bankruptcy petitioners under federal law are treated as judgment debtors and are entitled to exempt any “property qualifying under California’s homestead exemption statute.”
• noting that determining value as of the sale date would subject debtors in a down market to post-petition depreciation and holding that this would be inconsistent with our precedent
• noting that “[a trustee’s] obligation under 20 11 U.S.C. § 704(1) [is] to act in ‘the best interest of parties in 21 interest’ in reducing estate property to cash.”
• permitting trustee to attempt to sell homestead and commenting that debtors’ exemption rights are limited to dollar amount provided by California statute
• noting 18 that the homestead statutes effectively define “homestead exemption” as “a fixed dollar amount generated from the sale of the homestead”
• the debtors’ schedules did not sufficiently notify others that they were exempting the subject asset in its entirety and any ambiguity should be construed against them

Source: CourtListener parenthetical corpus (CC0).