20 Cited authorities

  1. Wawenock, LLC v. Dep't of Transp.

    2018 Me. 83 (Me. 2018)   Cited 39 times
    Holding judgment on the pleadings was appropriate where there was no private right of action under Maine law
  2. In re Garran

    338 F.3d 1 (1st Cir. 2003)   Cited 63 times
    Holding that a Chapter 7 debtor's homestead under Mass. Gen. Laws ch. 188, § 1A was terminated by his non-debtor spouse's subsequent declaration of a homestead under Mass. Gen. Laws ch. 188, § 1 because it created a new claim of homestead
  3. Great Northern Paper v. Penobscot Nation

    2001 Me. 68 (Me. 2001)   Cited 27 times   1 Legal Analyses
    Holding that the Maine Freedom of Access Act does not apply, pursuant to section 6206, to the Tribe's internal conduct of their government, but does apply when the Tribe communicates and interacts with other governments
  4. In re Bushey

    559 B.R. 766 (Bankr. D.N.M. 2016)   Cited 5 times
    Allowing exemption in "wall art" under New Mexico's exemption for "furniture" where there was no evidence that art was used for any purpose other than debtor's personal use in decorating his home
  5. In re Hychko

    Case No. 16-20055 (Bankr. D. Me. May. 14, 2019)   Cited 1 times

    Case No. 16-20055 05-14-2019 In re: JOHN L. HYCHKO and SHANNON E. HYCHKO, Debtors. Judge Peter G. Cary United States Bankruptcy Court Chapter 13 DECISION ON TRUSTEE'S OBJECTION TO EXEMPTIONS The specific question before the court involves the latest chapter in the Hychkos' disputes with the chapter 13 trustee over their claims of exemptions in proceeds from personal injury claims. The answer depends upon whether Ms. Hychko or the trustee bears the burden of proof. For the reasons set forth below

  6. In re Cruz

    585 B.R. 255 (Bankr. D.P.R. 2018)   Cited 1 times

    CASE NO. 14–07140 05-18-2018 IN RE: Minerva PADILLA CRUZ, Debtor(s) Manuel F. Casellas, Juan Manuel Suarez Cobo, Legal Partners PSC, San Juan, PR, for Debtors. Mayra M. Arguelles Alvarez, San Juan, PR, for Trustee. Brian K. Tester, U.S. Bankruptcy Judge Manuel F. Casellas, Juan Manuel Suarez Cobo, Legal Partners PSC, San Juan, PR, for Debtors. Mayra M. Arguelles Alvarez, San Juan, PR, for Trustee. OPINION & ORDER Brian K. Tester, U.S. Bankruptcy Judge This matter comes before the court upon Minerva

  7. In re Westen

    Case No. 17-40030 (Bankr. E.D. Tex. Mar. 5, 2018)   Cited 1 times

    Case No. 17-40030 03-05-2018 IN RE: TRACY ANDREW WESTEN and LINDA LAWSON Debtors. HONORABLE BRENDA T. RHOADES, UNITED STATES BANKRUPTCY JUDGE Chapter 7 MEMORANDUM OPINION AND ORDER OVERRULING IN PART AND SUSTAINING IN PART TRUSTEE'S OBJECTION TO DEBTORS' EXEMPTIONS This matter is before the Court following a hearing on January 30, 2018 on the Objection to Exemptions (the "Objection") filed by the Chapter 7 Trustee, Mark A. Weisbart (the "Trustee"). The Trustee objects to the categorization of certain

  8. Landry v. Landry

    154 N.H. 785 (N.H. 2007)   Cited 9 times
    Concluding that phrase "any property" requires broad interpretation of statute
  9. In re Gentry

    519 B.R. 531 (Bankr. W.D. Mo. 2014)   Cited 1 times

    No. 14–60795. 10-01-2014 In re Henry Hamilton GENTRY and Gloria Gail Gentry, Debtors. J. Paige Oster, Licata Bankruptcy Firm, Springfield, MO, for Debtors. ARTHUR B. FEDERMAN, Chief Judge. J. Paige Oster, Licata Bankruptcy Firm, Springfield, MO, for Debtors. ORDER OVERRULING TRUSTEE'S OBJECTION TO EXEMPTIONS ARTHUR B. FEDERMAN, Chief Judge. The Chapter 13 Trustee objected to the Debtors' claimed exemptions in firearms under § 513.430.1(1) of the Missouri Statutes as household goods because the Debtors

  10. In re Grindal

    30 B.R. 651 (Bankr. D. Me. 1983)   Cited 25 times
    Referring to debtor's intention to "return"
  11. Section 522 - Exemptions

    11 U.S.C. § 522   Cited 10,244 times   36 Legal Analyses
    Granting debtor power to avoid judicial lien that impairs exemption
  12. Rule 4003 - Exemptions

    Fed. R. Bankr. P. 4003   Cited 2,160 times   1 Legal Analyses
    Fixing 30-day limitation period for filing objection
  13. Section 104 - Adjustment of dollar amounts

    11 U.S.C. § 104   Cited 1,122 times   6 Legal Analyses
    Providing that every three years, the dollar limits provided under a variety of bankruptcy provisions shall be adjusted to reflect changes in inflation
  14. Section 4422 - Exempt property

    Me. Stat. tit. 14 § 4422   Cited 24 times   1 Legal Analyses
    Limiting IRA exemption to amount "reasonably necessary for the support of the debtor"
  15. Section 4421 - Definitions

    Me. Stat. tit. 14 § 4421   Cited 2 times
    Defining certain terms but not household furnishings or household goods
  16. Section 7-1209 - Lien of warehouse

    Me. Stat. tit. 11 § 7-1209   Cited 1 times
    Defining "household goods" as "furniture, furnishings or personal effects used by the depositor in a dwelling" for purposes of section 7-1209