Morgan v. Federal Deposit Insurance (In Re Morgan)

How courts have described this case

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

• holding that an exemption arising under § 522(i) does not arise under 522(b) and, thus, could not support hen avoidance under § 522(f)
• stressing that § 522(f), by its plain terms, applies only where a debtor “would have been entitled to [an] exemption under § 522(b)” (quotation marks omitted)
• finding bankruptcy court not bound by state court finding which denied the homestead exemption because that finding was made 14 months prior to bankruptcy filing and bankruptcy exemptions must be determined as of the bankruptcy filing date
• “Section 522(Z) ... allows the trustee to promptly determine what assets of the debtor are available for distribution to creditors.”
• “That the debtor is entitled to the exemption by virtue of § 522(i) does not mean that the debtor ‘would have been entitled’ to the exemption under § 522(b).... ”
• “Under Taylor, even an exemption claim that is totally baseless will result in the property at issue being exempt if neither the trustee nor another party in interest timely objects to the exemption.”

Source: CourtListener parenthetical corpus (CC0).