In re Donaldson, 156 B.R. 51 (Bkr.N.D.Cal. 1993
Jan 01, 1993OUTCOME: Trustee must turn over exempt property if he has not objected to exemption.
Turnover of homestead exemption funds to debtors after chapter 7 trustee's sale.
Los Altos, CA
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OUTCOME: Trustee must turn over exempt property if he has not objected to exemption.
Turnover of homestead exemption funds to debtors after chapter 7 trustee's sale.
OUTCOME: Decision for debtors who objected to claim.
Good faith is an element in determining the validity of a claim.
OUTCOME: Court upheld viability of homestead exemption in bankruptcy cases.
Creditor objected to homestead claim on the basis that changes in state homestead statute eliminated availabiity of homesteads in bankruptcy cases.
OUTCOME: B.R. 9020 modified to provide for contempt powers.
Ninth Circuit ruled that Bankruptcy Courts do not have jurisdiction to issue orders of contempt. Subsequently overruled.