John P. Gustafson

Judge Court Northern District of Ohio
6th Circuit Aug 25, 2022

Homestead Proceeds May Be Exempt Under State Law but Not Under Section 522(d)(1)

Affirming the bankruptcy court, the Sixth Circuit BAP won’t exempt proceeds from the prepetition sale of a home, even though the proceeds were identifiable and in escrow.

Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions

In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.