In re Smither

How courts have described this case

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

• finding that where, as of the filing date, the debtor has no equity in her property and the homestead exemption has no real value, § 522(o) is inapplicable to reduce the claimed homestead
• examining Weinstein and recognizing that “the fraud exclusion in the state Homestead Act is unenforceable in bankruptcy to the extent it is inconsistent with the federal Bankruptcy Code”
• “[I]f as of the filing date the debtor has no equity in her home and hence her homestead exemption claim has no real value, there would be no § 522(o) reduction in the claimed homestead even if there were pre-petition fraudulent payments.” (Emphasis added.)

Source: CourtListener parenthetical corpus (CC0).

Cited by

4 cases in this archive cite this case.

• McDermott v. Crabtree (In re Crabtree)
  D. Minnesota· 2016-08-08· cited 5×
• McDermott v. Crabtree (In re Crabtree)
  Eighth Circuit· 2017-01-24· cited 4×
• In re Savino
  D. Massachusetts· 2016-09-14· cited 1×
• Todd Crabtree v. Daniel McDermott
  Eighth Circuit· 2017-01-24

Cites

12 cases in this archive are cited by this case.

• Law v. Siegel
  Supreme Court· 2014-03-04· cited 802×
• Owen v. Owen
  Supreme Court· 1991-05-28· cited 633×
• Schwab v. Reilly
  Supreme Court· 2010-06-17· cited 289×
• LeBlanc v. Salem
  First Circuit· 1999-11-02· cited 269×
• Patriot Portfolio, LLC v. Weinstein (In Re Weinstein)
  First Circuit· 1999-01-08· cited 106×
• Pasquina v. Cunningham
  First Circuit· 2008-01-22· cited 42×
• In Re Presto
  S.D. Texas· 2007-10-05· cited 32×
• Peebles v. Minnis
  Massachusetts Supreme Judicial Court· 1988-05-03· cited 22×
• Soulé v. Willcut (In re Willcut)
  Tenth Circuit· 2012-05-29· cited 18×
• In Re McConchie
  D. Massachusetts· 1988-12-14· cited 10×
• In re Corbett
  D. Massachusetts· 2012-07-30· cited 9×
• In re Dickey
  D. Massachusetts· 2014-08-28· cited 6×