· 9/28/2001
The Matter Of: Michael Zibman Jamie Bailey Zibman, Debtors. Michael Zibman Jamie Bailey Zibman v. Rodney D. Tow, Trustee
Citations
- 268 F.3d 298
- 2001 U.S. App. LEXIS 21111
- 2001 WL 1149737
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that filing of bankruptcy shortly after homestead was sold did not affect six-month deadline exempting homestead proceeds
- concluding that filing of bankruptcy shortly after homestead was sold did not affect six-month deadline exempting homestead proceeds
- stating that the effect of the lower courts’ treatment of Zibman’s proceeds was to “effectively read the 6-month limitation out of the statute, and transform an explicitly limited exemption into a permanent one”
- explaining that the exemption applicable to homestead-sale proceeds expires six months after the date of sale, and is not transformed into a permanent exemption just because it was in effect at the time the claimant petitioned for bankruptcy protection
- “Under the Bankruptcy Code, the commencement of a bankruptcy case creates an estate comprising all legal and equitable interests in property (including potentially exempt property
- “it is the entire state law applicable on the filing date that is determinative’
Source: CourtListener parenthetical corpus (CC0).
Judges: Jolly, Wiener, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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