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A U.S. Supreme Court decision that went against a debtor last week may actually prove to be a boon for future consumer debtors.
In a 6-3 decision authored by Justice Clarence Thomas, the Court ruled that a bankruptcy trustee could seek to recover a debtor's personal property that she had declared exempt in her Chapter 7 case.
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An annuity that a debtor purchased from his bankruptcy lawyer does not qualify as exempt property in his Chapter 7 case, the 9th Circuit has ruled in affirming judgment. Several months before filing for bankruptcy, the debtor paid his attorney $10,000 for the purchase of a single-premium annuity.
In his bankruptcy case, the debtor claimed that the annuity qualified as exempt property because it constituted life insurance under California law.
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Dubuque's noise ordinance Code of ordinances: 6-5 6-5-1: PROHIBITED NOISES No person shall cause or permit any loud and excessive noise that results in annoyance or discomfort to a reasonable person of normal sensitivities. Without limiting or precluding enforcement of any other provision of this chapter or this code, the following are hereby prohibited: A. Horns, Signaling Devices: The sounding of any horn or signaling device such as that on any automobile, motorcycle, bus or other vehicle on any street or public place of the city, except as a danger warning, or the sounding of any such device for an unnecessary and unreasonable period of time. B. Crying Of Wares: The sale by outcry within any area of the city zoned for residential uses. However, this subsection shall not be construed ...
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A bankruptcy trustee could seek to recover the amount by which a debtor undervalued personal property when she declared it exempt in her Chapter 7 case, the U.S. Supreme Court has ruled in a 6-3 decision.
The decision reverses a ruling by the 3rd Circuit. (See "Bankruptcy trustee can't sell debtor's exempt property," Lawyers USA, Aug. 11, 2008. )
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A bankruptcy trustee couldn't try to sell personal property that had been declared exempt in a Chapter 7 case, even though the debtor had undervalued the asset when she claimed the exemption, the 3rd Circuit has ruled. The debtor listed as personal property in her bankruptcy case "business equipment" with a value of $10,718.
She claimed that a portion of the property was exempt from creditor claims under 11 U.S.C. [section]522(d)(6), which protects tools of trade, and the remainder was exempt under [section]522(d)(5)'s "wildcard" exemption for miscellaneous property.
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Marriages, Kanawha
The following people applied for marriage licenses in Kanawha County between Oct. 17 and 21:
...7 and 21:. Matthew Scott Lovejoy, 22, of Poca, and A...Property transfers, Kanawha. The following property transfe...Chapter 7 designates the liquidation of non-exempt propert...
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Kanawha County
Marriages
...Adkins-Bradley. Property transfers. The following property transfers of $50...Nguyen. Lot, Union District, $75,500. Margaret Ann Hopkins to Michelle Renee Ferrel...Chapter 7 designates the liquidation of non-exempt propert...
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Kanawha and Putnam counties
Marriages
...Albans. Jerry Allen Holstein, 72, of Hernshaw, and Joyce Ann Pauley, 70, of Nevada,...Property transfers. The following property transfers over $...Chapter 7 designates the liquidation of non-exempt propert...
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Kanawha County
Marriages
...Albans. Alfred Marion Slack, 74, and Lora Ellen Walker, 66, both of Dry Branch. Ro...Kinsley from Barbara A. Kinsley. Property transfers. The following property transfers of $50...Chapter 7 designates the liquidation of non-exempt propert...
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Kanawha County
Marriages
...Harrold Lawrence from Amber Lawrence. Property transfers. The following property transfers of at ...Lot, Charleston East District, $70,162. Seneca Trustees to The Bank of New York Mello...Chapter 7 designates the liquidation of non-exempt propert...