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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.