POST-BAPCPA:
In
re Jewell 347 B.R. 120 (Bkrtcy.W.D.N.Y. 2006) JOHN C.
NINFO, II, Bankruptcy Judge DEBTOR WHO WAS NOT
DOMICILED IN STATE OF FILING FOR PRECEDING 730 DAYS
AND IS NOT ELIGIBLE FOR EXEMPTIONS OF STATE OF PREVIOUS
RESIDENCE MAY CLAIM THE FEDERAL EXEMPTIONS
Debtor moved from Colorado to New York less than 730
days prior to filing chapter 7 in New York, thus debtor
was not eligible for N.Y. exemptions. Debtor claimed
Colorado exemptions. Colorado was an "opt-out" state and
its exemptions under Colorado law were available only to
debtors who resided in Colorado at the time the
bankruptcy was filed. The court ruled that N.Y.
exemptions were not available due to the 730-day rule,
and the Colorado exemptions were not available due to
the Colorado exemption statute, but that the language of
§ 522(b)(3) permitting debtors in those circumstances to
elect the Federal exemptions.
WARNING: PRE-BAPCPA
IN RE: UMALI
(10/03/03 - No. 02-15010/16379) (9th Cir) A
bankruptcy petition filed in violation of a court-imposed
180-day bar is properly excluded from the automatic stay
provisions of the Bankruptcy Code, even though the Court later
modified the Order removing the 180-day bar.
http://caselaw.lp.findlaw.com/data2/circs/9th/0215010p.pdf
BANK OF CHINA
v. HUANG (01/14/02 - No. 00-57056) (9th Cir. Ct
App) Settlement agreement where party agreed not to declare
bankruptcy does not have collateral estoppel effect on a later
bankruptcy petition for fraud claims where fraud claims were
not incorporated into the original settlement agreement.
http://caselaw.lp.findlaw.com/data2/circs/9th/0057056p.pdf
Can the Debtor file a new 13 while
his 7 is open? In re Keach, 243 B.R. 851 (Bankr. 1st
Cir. 2000); In re Turner, 207 B.R. 373 (Bankr. 2nd Cir. 1997);
In re Strohscher, 278 B.R. 432 (Bankr. N.D. Ohio 2002). In
re Strohscher (Bankr. N.D. Ohio) (6th Cir) Rule
1015 Debtor allowed to maintain Chapter 13 case filed prior
to closing of same debtor's Chapter 7 case.
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