Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days
Community property homestead rights are lost if only one spouse files bankruptcy.
Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History
A bank deposit is only a substitution, not a transfer of property, circuit holds.
BAP Gives Trustee a Heavy Burden to Prove Fraudulent Exemption Planning
Amendments in 2005 didn’t result in a cakewalk for a trustee aiming to reduce a homestead exemption.