Legislative Update
Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions
In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.
Debtor Can’t Avoid and Preserve a Lien for Tax Penalties for the Debtor’s Benefit
A trustee can avoid and preserve a tax lien for the benefit of unsecured creditors, but a debtor can’t if the debtor hasn’t paid the taxes, the Ninth Circuit says.
Court:
Rochelle’s Rocky Mountain Case Law Update
Homestead Proceeds May Be Exempt Under State Law but Not Under Federal Exemptions
Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?