Consumer Bankruptcy Journal Winter 2016 - Page 49

NCBRC CASES IN REVIEW the multiple amendments filed by the debtors to their schedule of claimed exemptions, the bankruptcy court assessed as inappropriately impeding the the multiple which amendments filed by the debtors to their schedule of claimed bankruptcy thebankruptcy court couldcourt not lawfully any of the equity in the the exemptions,process, which the assessedaward as inappropriately impeding debtors' exempt property to paycould the Chapter 7 trustee's The court bankruptcy process, the court not lawfully award fees. any of thebankruptcy equity in the therefore erred inproperty ruling that 7 trustee's administrative expenses could debtors' exempt to the pay Chapter the Chapter 7 trustee's fees. The bankruptcy courtbe paid from the proceeds of the sale of the debtors' homestead property where the therefore erred in ruling that the Chapter 7 trustee's administrative expenses could be trustee agreed sell the of property friendly buyer selected by the debtors paid from the to proceeds the saletoofa the debtors' homestead property wherefor thea price that was $136,000 than the an unrelated buyer; the trustee agreed to sell theless property to amount a friendlyoffered buyer by selected by the debtors for a bankruptcy court reasoned that the debtors had received a benefit that was greater price that was $136,000 less than the amount offered by an unrelated buyer; the than their $70,000 homestead exemption, so had thatreceived allowingathe trustee be paid from bankruptcy court reasoned that the debtors benefit thattowas greater the was equitable. In re Holley, --- so Fed. Appx. ----, 2016 WL 6211975 (6thfrom thanproceeds their $70,000 homestead exemption, that allowing the trustee to be paid Cir., Oct. 25, 2016) (case no.In16-1081). the proceeds was equitable. re Holley, --- Fed. Appx. ----, 2016 WL 6211975 (6th Cir., Oct. 25, 2016) (case no. 16-1081). Property of the estate—Exemptions: The portion of the debtors' federal tax refund attributable theestate—Exemptions: additional child tax credit exempt under Idahofederal law as tax a refund Property oftothe Thewas portion of the debtors' "benefit" received federal, or local assistance legislation." attributable to the "under additional childstate, tax credit waspublic exempt under Idaho law as a Examining the amendments that had been made to the legislation authorizing "benefit" received "under federal, state, or local public assistance legislat [ۋH^ܙY] H\XYY]]][܂[™\[[H^[\[ۋ[]H^^[Z[[H[Y[Y[šYY[XYBHY\][ۂ]]ܚ^[‘\ܝ H [܋YZ \[[ŒLK MH \BMKXM ̍ KܙY] H MN\XYYH] [܂[H˂^[\[ۋ[B\ܝ  MN H [܋ YZ LK MH \Hˈ MKXM ̍ K\HوH\]x%^[\[ۜ%[\]H]%^]\]ܚX[\X][ێ\BHZ[[XYHوHX\X\]˜]]X]XY\XY\HوB\]x%^[\[ۜ%[\]H]%^]\]ܚX[^[\[ۂ\\B[[B\Z[]^]\]ܚX[H[ܝ\B\Y\XY[\X][ێ[XYHوYYX X\X\]˜]]X]X˜ۜYB][]܂و\]X܂\X[]YYX HX\X\]›]˘\Xܙ[K^[\[ۂ\œ[[]^]\]ܚX[H[ܝ\B[BX\X\]˜]]X]X™^[\[ۘBX^BH\YY]˂H[\[ۜYH][]܂وZY\XYX܈\X[]YX\X\]Xܙ[KB\Y[B]Y]YBقX\X\][BX܂[Z[BHY\XYX\X\]]]X]XY\XY^[\[ۈX^HH\YYH[\[^[\[ۂ܈\B]Y[ܚYK[[H KKH[ KKKK M\Y[H]Y]YBوX\X\]R[Y\X܂Z[BHY\XYMMNNB[܋ X\ˋ K MH \BNMKXLL JK^[\[ۂ܈\B]Y[ܚYK[H˂ [Y\KKH KKKK MMMNNH [܋ X\ˋ K MH \Hˈ NMKXLL JKS][ۘ[ۜ[Y\[ܝ\HY[\˛؜˛ܙ°S][ۘ[ۜ[Y\[ܝ\HY[\˛؜˛ܙ“][ۘ[\X][ۈوۜ[Y\[ܝ\H]ܛ^\BBB[\ MӔSQTSԕTHTSB