11 U.S.C. § 522

Section 522(b)(3)(C) protects retirement funds only while they remain in a tax-exempt fund or account, while § 522(b)(4)(D) preserves that status for an eligible rollover completed within 60 days.

Richard N. Berkshire · filed 2026-03-04(b)(3)(C), (b)(4)(D)

When the debtor withdrew the IRA funds, the withdrawn funds were no longer in a fund or account exempt from taxation. ... The exception does not apply. The debtor’s withdrawals were paid to Mr. Bachman. They were not rolled over.

Section 522(b)(4)(D)(ii) requires an IRA rollover distribution to comply with applicable Internal Revenue Code limits, including the rule allowing only one tax-free rollover in a one-year period, for the distribution to remain exempt from the bankruptcy estate.

In Re Patrick · filed 2008-10-31(b)(4)(D)(ii)

The IRC’s rule that only one tax free rollover can be made in a one-year period applies in determining whether a rolled-over distribution is exempt from the bankruptcy estate under § 522(b)(4)(D)(ii).

For a debtor using a state exemption under section 522(b)(3)(A), federal law fixes the filing date that controls while state law defines the exemption's nature and scope.

CFCU Community Credit Union v. Hayward · filed 2009-01-09§ 522(b)(3)(A)

Thus, while federal law governs the date on which the exemption comes into play, New York law governs the nature and scope of the exemption.

Property exempted under section 522 remains liable for a child-support judgment lien that cannot be avoided under subsection (f).

Rupp v. Elmasri (In re Elmasri) · filed 2010-03-16§ 522(c), § 522(f)(1)(A)(i)

the court properly ordered the Trustee to release the funds to Appellees.

A judicial lien on property that the debtor owned before a divorce and continued to own afterward is avoidable under section 522(f).

Matter of Parrish · filed 1993-11-15§ 522(f)(1)

Since Parrish's interest existed before the divorce and continued unaltered afterwards, we find that the lien attaching to that property was avoidable under section 522.

Section 522(f) permits avoidance of qualifying nonpossessory, nonpurchase-money liens on exempt property, and a Chapter 13 trustee has standing to seek that avoidance; states define the exempt property but federal law defines the avoidable liens.

Matter of Maddox · filed 1994-03-16§ 522(f), § 522(b)

We answer both questions affirmatively.

To avoid a lien under section 522(f)(1), the debtor must show a judicial lien fixed against the debtor's property interest that impairs an exemption, and a recorded lien can impair a homestead exemption by clouding title even without attaching to the homestead.

Matter of Henderson · filed 1994-04-20§ 522(f)(1)

a debtor must show: (1) that the lien is a judicial lien; (2) that the lien is fixed against an interest of the debtor in property; and (3) that the lien impairs an exemption to which the debtor would otherwise be entitled.

A debtor may exempt an IRA under § 522(d)(10)(E) to the extent it is reasonably necessary for the debtor's support.

Rawlinson v. Kendall (In Re Rawlinson) · filed 1997-05-30(d)(10)(E)

By the terms of the statute, the debtors may exempt an IRA to the extent that it is reasonably necessary for support.

Section 522(d)(12) exempts retirement funds only when they are held in a tax-exempt account, and § 522(b)(4)(C) preserves that exemption for direct transfers between qualified accounts.

In Re Rice · filed 2011-08-02(d)(12) and (b)(4)(C)

Accordingly, § 522(d)(12) imposes two requirements before a debtor may claim an exemption under that section: (1) the amount the debtor seeks to exempt must be retirement funds; and (2) the retirement funds must be in an account that is exempt from taxation under one of the provisions of the Internal Revenue Code set forth therein. ... Here, there was simply no direct transfer from one qualified account to another. Therefore, § 522(b)(4)(C) does not apply and the funds are not exempt under § 522(d)(12).

Section 522(d)(12) requires retirement funds to be in a tax-exempt account; a judgment, traceable funds, or a right to receive funds does not qualify for the exemption.

In re Pellegrini · filed 2012-01-17(d)(12)

Assuming arguendo that a judgment can constitute a “fund,” it is not exempt from taxation. Further, § 522(d)(12) does not permit an exemption on “traceable” funds or the Debtor’s “right to receive” funds.

Section 522(d)(12) allows a debtor to exempt retirement funds held in an account exempt from taxation under specified Internal Revenue Code provisions, including § 408.

In Re Seeling · filed 2012-05-24(d)(12)

This Court finds itself in agreement with what appears to be a consensus. Individual retirement accounts are tax exempt under 26 U.S.C. § 408 and accordingly are exempt under the Bankruptcy Code, pursuant to § 522(d)(12). The Bankruptcy Code requires no forensic analysis in order to determine from where those funds arose. All that the Bankruptcy Code requires is that the funds sought to be invested have been placed in a particular form of a retirement investment vehicle in order to be exempt from taxation. The subject IRA being among the kinds of investment vehicles referenced in § 522(d)(12), there is no statutory basis for imposing additional conditions for its bankruptcy exemption.

Section 522(d)(12) exempts retirement funds only when they are in a qualifying tax-exempt account, while § 522(b)(4)(C) preserves the exemption for direct transfers between qualifying retirement accounts and does not cover a transfer to cash.

Rice v. Allard (In re Rice) · filed 2012-09-06(d)(12), (b)(4)(C)

11 U.S.C. § 522(d)(12) permits a debtor to exempt “Retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986.” This exemption contains two requirements: (1) that the amount must be retirement funds; and (2) that the retirement funds must be in an account that is exempt from taxation under one of the provisions of the Internal Revenue Code set forth therein. ... 11 U.S.C. § 522(b)(4)(C) provides: ... A direct transfer of retirement funds from 1 fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986, under section 401(a)(31) of the Internal Revenue Code of 1986, or otherwise, shall not cease to qualify for exemption under paragraph (3)(C) or subsection (d)(12) by reason of such direct transfer. ... As noted by the Bankruptcy Court, this section has been applied in situations involving a direct transfer from one qualified account to another qualified account. ... This court agrees with the Bankruptcy Court’s findings that § 522(b)(4)(C) does not apply here and that the funds at issue are not exempt under § 522(d)(12).

Section 522(b)(3)(C) and (d)(12) exempt retirement funds with tax-deferred status, but a non-spousal inherited IRA does not qualify because it is available for current consumption rather than reserved for the owner’s retirement.

Rameker v. Clark · filed 2013-04-23(b)(3)(C) and (d)(12)

Section 522(b)(3)(C) and (d)(12) provides that the exemption depends on the conjunction of tax deferral and assets’ status as “retirement funds”; that an inherited IRA provides tax benefits is not enough.

Section 522(d)(12) permits a debtor to exempt retirement funds held in a tax-exempt account; the funds need not be held in an account belonging to the debtor, and a qualified domestic relations order is not required for the funds to qualify.

In re Remia · filed 2013-12-20(d)(12)

Section 522(d)(12) of the Bankruptcy Code requires only that funds be in a fund or account exempt from taxation.

Section 522(d)(12) permits a debtor to exempt retirement funds only to the extent they are held in a fund or account exempt from taxation under the specified Internal Revenue Code provisions.

In re Kellerman · filed 2015-05-26(d)(12)

Thus, the debtors may not claim any interest in the IRA as exempt under 11 U.S.C. § 522(d)(12) of the United States Bankruptcy Code.

Section 522(d)(12) does not exempt funds in divorce-related alternate-payee retirement accounts when the accounts are not objectively set aside for the debtor’s retirement.

In re Kizer · filed 2015-10-02(d)(12)

Thus, the funds at issue in this case cannot be considered “retirement funds” within the meaning of the § 522(d)(12) exemption.

Section 522(d)(12) exempts retirement funds held in accounts tax-exempt under specified IRC provisions, subject under § 522(b)(4) to a favorable determination or proof of substantial compliance or lack of material responsibility.

Chorches v. Jie Xiao (In re Jie Xiao) · filed 2018-08-22(d)(12), (b)(4)(A), and (b)(4)(B)

Section 522(b)(4)(A) provides that if the retirement fund has received a favorable determination, and that determination is in effect as of the petition date, those funds shall be presumed to be exempt from the bankruptcy estate.

Section 522(d)(12) exempts retirement funds only when they are both retirement funds and held in an account exempt from taxation under one of the specified Internal Revenue Code provisions.

Lerbakken v. Sieloff and Associates · filed 2018-10-16(d)(12)

§522(d)(12) contains two requirements: (1) that the amount must be retirement funds; and (2) that the retirement funds must be in an account that is exempt from taxation under one of the provisions of the Internal Revenue Code set forth therein.

Section 522(d)(12) exempts retirement funds only when the funds are held in an account exempt from taxation under a specified Internal Revenue Code provision, and both requirements must be met.

Lerbakken v. Sieloff & Assocs., P.A. (In re Lerbakken) · filed 2018-10-16(d)(12)

(d)(12) contains two requirements: (1) that the amount must be retirement funds; and (2) that the retirement funds must be in an account that is exempt from taxation under one of the provisions of the Internal Revenue Code set forth therein.

Section 522(d)(12) exempts retirement funds only when they remain in a qualifying tax-exempt fund or account; distributed funds lose the exemption unless timely rolled over into another eligible fund.

Ostrander v. Angilene Brown · filed 2020-05-21(d)(12)

“[A]n exemption claimed under [§] 522(d)(12) must satisfy two requirements: (1) the amount the debtor seeks to exempt must be retirement funds, and (2) those retirement funds must be in an account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code.” ... “As of the petition date, the loan proceeds that the Debtor attempts to exempt were no longer “in” one of the tax-exempt funds listed in § 522(d)(12).” ... “Therefore, the $18,000 cannot be exempted from estate property.”

Section 522(d)(12) permits a debtor to exempt retirement funds only to the extent they are held in an account exempt from taxation under specified Internal Revenue Code sections.

Stephanie Paula Farber · filed 2022-04-26(d)(12)

That would likewise mean that the annuity is not exempt from the bankruptcy estate: “[A debtor may exempt] retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986.” 11 U.S.C. §522(d)(12) (emphasis added); ... This is the critical question when determining the exemption under §522(d)(12). ... What is clear is that the excess contribution gave rise to tax liability and precluded the tax-exempt status of the account beyond the $6,500.00 limit. Neither the rollover of the annuity nor the passage of time affected this status. By definition then, the Debtor’s current IRA is not tax exempt. As a result, the Bankruptcy Code exemption for retirements funds is unavailable to the Debtor. ... The Debtor’s exemption under 11 U.S.C. §522(d)(12) is disallowed in its entirety.

Section 522(b)(4) preserves the exemption for a qualifying IRA rollover when the distributed funds are placed in a qualifying account within 60 days.

Joseph F Langston, Jr · filed 2023-08-07(b)(4)(C), (b)(4)(D)

Section 522(b)(4) of the Bankruptcy Code directs how exemption law applies when there is a “rollover distribution” where the owner of an IRA receives a distribution and then places the money in a new IRA, or returns the money to the old IRA, within 60 days.

Section 522(d)(12) permits exemption of retirement funds only while they are in an account exempt from taxation under the Internal Revenue Code; an IRA that loses that tax-exempt status does not qualify.

William Glenn Johns · filed 2024-03-26(d)(12)

Johns’s IRA does not substantially comply with the Internal Revenue Code because of the prohibited transactions in violation of I.R.C. § 408(e). Johns played a major role in the orchestration of prohibited transactions—including the negotiating and arranging of financing with disqualified persons that was used to effectively shift value to his IRA. Johns’s IRA loses its tax-exempt status and thus does not qualify as exempt under § 522(d)(12) of the Bankruptcy Code.

Section 522(d)(12) allows debtors to exempt retirement funds only when the funds are in an account exempt from taxation under specified Internal Revenue Code provisions.

Kellerman v. Rice (In re Barry K.) · filed 2015-09-14(d)(12)

The transactions occurred on August 8, and December 5 of 2007. Therefore, the IRA lost its exempt status as of January 1, 2007, which is prior in time to the filing of bankruptcy and the Kellermans cannot include the IRA as an exempt asset under 11 U.S.C. § 522(d)(12).

Section 522(l) requires a written exemption list; an oral disclosure at the creditors’ meeting alone does not start the objection period.

Foster v. Moore (In Re Moore) · filed 1994-11-15§ 522(l)

Accordingly, the court determines that because the debtors’ Schedule C failed to even list the words “lump sum or annuity as a claimed exemption, the debtor’s subsequent oral disclosure at the § 341 meeting failed to put the Trustee “on notice” and did not commence the running of the thirty-day period under Fed.R.Bankr.P. 4003(b).

A late objection cannot defeat a claimed exemption even when the claim lacks merit or a statutory basis.

Coie v. Sadkin (In Re Sadkin) · filed 1994-11-02§ 522(l)

Thus, we find no basis for striking the exemption.

A creditor’s objection filed after the Rule 4003(b) deadline cannot defeat an exemption, even if the debtor lacked a colorable statutory basis for claiming it.

Coie v. Sadkin (In re Sadkin) · filed 1994-11-02§ 522(l)

Section 522(l) therefore has made the property exempt. [A trustee] cannot contest the exemption at this time whether or not [the debtor] had a colorable statutory basis for claiming it.

A bankruptcy court may not extend the thirty-day period for objections to exemptions after the period prescribed by Rule 4003(b) has expired.

Matter of Stoulig · filed 1995-02-24§ 522(l)

the bankruptcy court was without jurisdiction to grant an extension of time to file objections to exemptions after the expiration of the thirty-day period prescribed by rule 4003(b).

A federal tax lien notice may be “properly filed” for section 522(c)(2)(B) even when it contains a minor tax-year error, if it is filed in the proper place and correctly identifies the taxpayer, property, amount, and assessment date.

Sills v. United States · filed 1996-05-03§ 522(c)(2)(B)

Although the NFTL at issue in this case incorrectly identified 1986, instead of 1983, as the tax year of the liability giving rise to the lien, the NFTL was filed in the proper place and correctly identified the taxpayer, the property and its location, the amount owed, and the date of the assessment.

An IRA is exempt under section 522(d)(10)(E) when it is reasonably necessary for the debtor’s support; the ability to withdraw before age 59½ by paying a penalty tax does not defeat the exemption.

Carmichael v. Osherow · filed 1996-11-14§ 522(d)(10)(E)

Concluding that IRAs are exempt under the applicable provision, we reverse and render.

Section 522(a) prevents a disguised security arrangement from extending after the bankruptcy petition.

McKinney v. Taff · filed 1998-01-12§ 522(a)

For these reasons, we AFFIRM the district court.

If no one objects within the applicable period, the property is deemed exempt under § 522(l).

In Re De Kleinman · filed 1994-09-26§ 522(l)

If no one objects, the property is deemed to be exempt.

Untimely objections in the Chapter 11 phase remain barred after conversion to Chapter 7.

In Re Brown · filed 1995-02-24l

Without it, a Chapter 7 trustee’s objections to exemptions that have not been timely objected to in the Chapter 11 are invalid.

Section 522(l) requires a debtor to list claimed exempt property, which becomes exempt unless a party in interest timely objects.

In Re DeSoto · filed 1995-05-15(l)

The Code directs that a debtor shall file a list of property that the debtor claims as exempt.

Section 522(l) requires the debtor to list claimed exempt property, and property not included on that list does not become exempt by operation of law.

Robert A. Mercer, Jr., Debtor v. Jason Monzack, Esquire · filed 1995-04-25(l)

regardless whether a Rule 4003(b) objection was filed.

Once a claimed exemption becomes final because no party objects within 30 days, the property is no longer part of the bankruptcy estate.

In Re Penniston · filed 1997-04-01(l)

Since no one objected to the claim of exemption within 30 days of the conclusion of the meeting of creditors, the property became exempt in June of 1995. 11 U.S.C. § 522(Z) and Fed.R.Bankr.P. 4003(b).

A claimed exemption that was not timely objected to is not contestable as a claim, but it does not create property or authorize payment when no corresponding exempt property exists.

Matter of Carter · filed 1997-09-30(l)

The claim of such exemptions does not result in monies or properties of the bankruptcy estate being exempted out of the estate and reverting to the debtor.

Section 522(l) requires a debtor to schedule claimed exempt property, and the exemption becomes exempt unless a party in interest timely objects.

In Re Wallace · filed 2000-03-22§ 522(l)

Pursuant to 11 U.S.C. § 522(1), as a prerequisite to a proper claim of exemption, the debtor must schedule the claimed exemption in the schedules filed with the bankruptcy court.

Section 522(l) makes property claimed as exempt exempt unless a party in interest timely objects; an adjourned § 341(a) meeting does not conclude merely because no future date is specified, so the objection period has not begun.

In Re John Douglas Smith · filed 2000-08-08(l)

Section 522(l) of the Bankruptcy Code states the procedure for claiming exemptions and objecting to claimed exemptions: "The debtor shall file a list of property that the debtor claims as exempt . . . . Unless a party in interest objects, the property claimed as exempt on such list is exempt." 11 U.S.C. S 522(l). ... If a meeting of creditors is adjourned, however, the thirty-day period for objections does not begin to run. ... We hold that an adjournment of a S 341(a) hearing does not conclude the hearing merely due to the absence of a future specified date.

Section 522(l) makes property claimed as exempt exempt unless a party in interest timely objects.

Taylor v. Freeland & Kronz Wendell G. Freeland Richard F. Kronz · filed 1991-07-08(l)

We will adhere to the clear and orderly scheme Congress enacted for property exemption determinations and hold that in the absence of an objection filed within thirty days after the section 341(a) creditors’ meeting or the filing of an amendment to the exemption list, property claimed as exempt by the debtor is exempt.

Section 522(l) makes a claimed exemption presumptively valid, but that presumption ends when a party in interest challenges the claim.

In Re Jordan · filed 2005-09-26(l)

The amendment merely serves as notice of the claim of exemption and the presumption of the validity of the amended claim evaporates as soon as a party in interest challenges that claim. 11 U.S.C. § 522(l).

Section 522(b) permits an individual debtor to exempt qualifying property from the estate, and § 522(l) makes property claimed as exempt exempt unless a party in interest objects.

Jimenez v. Wells Fargo Bank, N.A. (In Re Jimenez) · filed 2005-12-21(b), (l)

Plaintiffs exemption is presumed valid unless a party in interest objects. Rule 4003(c). Section 522(b) states, ... Notwithstanding section 541 of this title, an individual debtor may exempt from property of the estate the property listed in either paragraph (1) or, in the alternative, paragraph (2) of this subsection. ... 11 U.S.C. § 522(b). “Unless a party in interest objects, the property claimed as exempt on such list is exempt.” 11 U.S.C. § 522(l). ... When Wells Fargo froze the accounts, Plaintiff had exercised her right to exempt the account funds; therefore, Plaintiff had a direct economic interest in the funds, which was adversely affected by Wells Fargo’s administrative freeze.

Section 522(l) makes property claimed as exempt exempt unless a party in interest objects.

In Re Tatum-Charlemagne · filed 2006-09-14(l)

Failure to object to the property claimed as exempt on Schedule C is exempt.

Section 522(i) and the objection deadline protect a timely claimed homestead exemption when no party objects within the Rule 4003(b) period.

In Re Novak · filed 2006-10-17(i)

Because no objection has been filed with respect to the Debtor’s claim of a homestead exemption within the time limits set forth under FRBP 4003(b), the Debtor is entitled to $10,000 from the 50% of the proceeds arising from the sale of the Property that represents his interest in the Property before the remainder of such proceeds is distributed to BONY.

Section 522(g) does not defeat a timely unobjected exemption; under § 522(i) and Taylor, the claimed homestead exemption remains payable from proceeds recovered by the trustee.

In re Nersinger · filed 2006-11-09(g), (i)

The Debtor’s Schedule C claimed $30,961.09 homestead exemption, not timely objected to, is allowed and must be paid from the proceeds of the sale of the Car-dile Drive Property being held by the Trustee.

Section 522(l) and Taylor prevent a trustee from conveying property claimed as an in-kind exemption when no timely objection preserved a challenge to the exemption.

Olson v. Anderson · filed 2006-11-28(l)

the interest claimed as exempt is fully exemptible at that amount.

Section 522(l) treats property claimed as exempt as exempt when no timely objection is filed.

In Re Trammell · filed 2007-11-09(l)

No one filed an objection to the claim of exemption in the Vehicle, and the time to do so has long passed. Accordingly, the Vehicle is exempt.

Section 522(b) allows a debtor to remove properly claimed property from the bankruptcy estate, and § 522(l) makes the exemption effective when no timely objection is filed.

Olson v. Anderson (In Re Anderson) · filed 2007-11-07(b), (l)

A properly filed exemption removes property from the bankruptcy estate, and consequently from the reach of creditors and the bankruptcy trustee.

Section 522(l) makes a claimed exemption effective when no timely objection is filed, and § 522(g) does not bar that exemption when the property was not transferred and recovered by the trustee.

Rainsdon v. Farson (In Re Farson) · filed 2008-04-03(l), (g)

Farson is entitled to the exemption she claimed in the Mustang under Idaho Code § 11-605(3) because Plaintiff did not timely object to that exemption claim. Plaintiff may not rely on § 522(g) as a defense to the exemption claim.

Section 522 protects only the property or value actually claimed as exempt in the schedules; an unobjected-to exemption does not automatically cover an entire asset when the schedules reasonably claim only a stated share.

Barroso-Herrans v. Lugo-Mender · filed 2008-05-07(d)(5), (l)

But, as we have earlier recognized, Taylor does not tell us what has been claimed as exempt--only that whatever has been claimed as exempt is beyond the estate's grasp once the deadline has elapsed.

Section 522(l) makes a claimed exemption effective unless a party in interest objects, and the objecting party bears the burden of showing the claimed exemption is improper.

In Re Downey · filed 2009-01-06(l), (d)(1), (d)(4)

Property that is claimed as exempt will be exempt unless a party-in-interest objects. 11 U.S.C. § 522(1). An objecting party must establish by a preponderence of the evidence that the debtor is not entitled to claim the disputed exemption.

Section 522(1) allows a claimed exemption when no party objects, so the exempt property is no longer property of the bankruptcy estate.

Nazar v. Carmichael (In Re Carmichael) · filed 2010-09-21(1)

The Mortgaged Property is not property of the estate.

Section 522(l) makes property claimed as exempt exempt when no party in interest objects, even if the debtor lacked a colorable basis for the exemption.

Leicht v. Anspach (In re Anspach) · filed 2010-11-10(l)

If no one objects to an exemption, § 522(Z) exempts the property even if the debtor had no colorable basis for claiming the exemption.

Section 522(l) makes a claimed exemption effective when no party in interest objects, but the exemption removes only the debtor’s specified-dollar interest, not the asset itself.

Lentz v. Myers (In re Myers) · filed 2013-02-14(l)

Unless a party in interest objects, the property a debtor claims as exempt will be exempt from the bankruptcy estate.

Section 522(l) makes property listed as exempt exempt when no party in interest objects during the applicable objection period; the property then generally revests in the debtor.

Mwangi v. Wells Fargo Bank, N.A. (In Re Mwangi) · filed 2014-08-26(l)

If a party in interest does not object during the objections period, however, “the property claimed as exempt on such list is exempt.” 11 U.S.C. § 522(l). ... Because all interested parties failed to act during the objections period, however, the account funds passed out of the bankruptcy estate and revested in the Debtors on October 19, 2009. ... On that date, the Debtors developed a right to possess and control the account funds.

Under § 522(l), a timely adversary complaint challenging the basis for a claimed exemption can qualify as the required objection, preventing the exemption from becoming final.

Lee v. Dane Field · filed 2018-05-07(l)

The Bankruptcy Code requires the debtor to file a list of claimed exemptions, and provides that “[u]nless a party in interest objects, the property claimed as exempt on such list is exempt.” 11 U.S.C. § 522(l). ... Because it was apparent that the adversary action’s sole purpose was to prevent Lee from retaining the exemptions, Lee had adequate notice that the trustee objected to them. Accordingly, while including an express objection to the claimed exemptions in his complaint or other filing would have been a better practice, the trustee’s action in filing the adversary complaint sufficiently constituted an objection to the exemption that satisfies Rule 4003.

Section 522(b)(3)(A) fixes the applicable state-law exemption status as of the bankruptcy petition date, and § 522(l) makes property claimed exempt exempt when no timely objection is filed.

William Joseph Montanez · filed 2020-04-01(b)(3)(A), (l)

The state of affairs and the state law applicable on the petition date determine what is and is not exempt in a bankruptcy case. 11 U.S.C. § 522(b)(3)(A); Owen, 500 U.S. at 314 n.6 (deferring to this statutory language). This focus on the petition date is known as the “snapshot” rule: the parties take a snapshot of the case on the filing date and all rights are fixed. ... Without a timely objection, “the property claimed as exempt on [Schedule C] is exempt.” 11 U.S.C. § 522(l).

Section 522(l) makes property claimed as exempt exempt unless a party in interest objects.

DuVall v. County of Ontario, New York · filed 2020-09-29(l)

By operation of § 522(l) of the Code, the property claimed as exempt became exempt on May 16, 2019. The County was not “ambushed.” It dropped the ball and let the deadline to object pass.

Section 522(l) makes a properly claimed exemption effective unless a party in interest objects, while property not adequately claimed remains in the bankruptcy estate.

Zellmer v. Helms · filed 2021-03-02(l)

A symmetrical waiver rule burdens the creditors, with § 522(l) providing that “[u]nless a party in interest objects, the property claimed as exempt on such list is exempt.”

Section 522(l) makes a debtor’s claimed exemption presumptively valid unless a timely objection is filed, with the objector bearing the burden of proving the exemption improper.

Christopher Faherty and Jaclynn Faherty · filed 2022-04-20(l)

Absent any timely objection, a debtor’s claim of exemption is presumptively valid. 11 U.S.C. § 522(l).

Section 522(l) makes claimed property exempt when no timely objection is filed, even if the exemption lacks a legal basis.

In re Kazi · filed 1993-02-02(l)

Under Taylor, once the 30-day period to object expires, a debtor's claimed exemption cannot be challenged regardless whether it has a basis in law.

Section 522(l) makes property claimed as exempt on a debtor’s filed list exempt if no party in interest objects.

In re Fenessy · filed 1993-06-14(l)

As there were no objections by a party in interest, including the trustee, within 30 days of the list being filed, the property claimed as exempt on such list is exempt.

Section 522(l) makes a claimed exemption effective unless a party in interest objects within the required period.

In Re Rosenzweig · filed 2000-02-29(l)

The Court concludes that the Trustee did not timely object to the Debtor’s claimed exemption in the property, nor did the Trustee request or the Court grant an extension to the 30-day exemption period. Thus, under the Code, Rule 4003(b) and the Taylor, Salzer and Kazi cases, the Trustee cannot now timely object to the Debtor’s claim of exemption, whether or not the Debtor had a colorable statutory basis for claiming it.

Section 522(l) makes property claimed as exempt exempt when no party in interest timely objects, removing it from the bankruptcy estate.

In Re: Martin · filed 2021-04-27(l)

When a debtor claims an exemption pursuant to section 522(b), “[u]nless a party in interest objects, the property claimed as exempt . . . is exempt.” Id. § 522(l). ... Thus, by operation of the above-mentioned statutes and rules, Martin’s interests in the Westbrook Property and the 2005 Honda Accord were not part of his bankruptcy estate.

Section 522(l) does not require a timely objection to an above-limit exemption when the debtor’s statements during the objection period prevent the claim from clearly asserting that exemption.

In Re: Monte Masingale v. Munding · filed 2024-07-26(l)

The debtors did not properly claim an above-limit homestead exemption that required an objection within the 30-day period. Masingale’s homestead exemption is thus limited to the amount of the statutory cap.

Section 522(l) requires a debtor to list claimed exemptions, which become exempt unless a party in interest objects.

In Re Buck · filed 1982-01-07(l)

Under 11 U.S.C. Section 522(1) the Debt- or shall file a list of property that he claims as exempt and unless a party in interest objects, the property claimed as exempt is deemed exempt. Section 522 does not specify when the election by the Debtor must be made, and the bankruptcy rules do not address this matter. ... Thus, this Court hereby allows the Debtor to amend his election of exemptions to that under the State law, effective as of the date of conversion on July 29, 1981.

A debtor may stand in the trustee’s shoes under section 522(h) to avoid an involuntary transfer of the debtor’s homestead when the Chapter 13 trustee has not attempted to avoid it, subject to the applicable section 544 requirements.

Trinh v. Intertex, Inc. · filed 2000-03-10§ 522(h)

when the property was his homestead; the transfer was involuntary; and a Chapter 13 trustee did not attempt to avoid the transfer.

For a state-law exemption under section 522(b)(2)(A), the court applies the state law in effect when the petition was filed.

In re Orso · filed 2000-06-27§ 522(b)(2)(A)

federal law requires this court to apply the state law in effect at the time the debtor filed his bankruptcy petition.

A state-law exemption for homestead-sale proceeds retains its statutory six-month reinvestment limit during bankruptcy; proceeds not reinvested within six months lose the exemption.

In re Zibman · filed 2001-12-13§ 522(b)(2)(A)

Any exemptions claimed, however, are determined by the facts and the law as they exist on the date of filing the bankruptcy petition.

A payment designated as part of a divorce property division is not exempt under section 522(d)(10)(D) as alimony, support, or maintenance when the decree separately provides meaningful alimony and the documents unambiguously characterize the payment as property division.

Hendren v. Evert (In re Evert) · filed 2003-08-26§ 522(d)(10)(D)

Because we conclude that that is the situation here, we reverse.

Section 522(f) permits a debtor to avoid a nonpossessory, nonpurchase-money security interest in qualifying household goods to the extent of the applicable exemption.

General Finance Corp. of Colorado v. Ruppe (In re Ruppe) · filed 1980-02-21§ 522(f)

the security interest may be avoided to the extent of the exemption in the television set and in the stereo system.

A debtor must elect either the federal exemptions or the alternative state-law scheme authorized by section 522(b); the debtor cannot claim both.

McClanahan v. Kimball (In re Kimball) · filed 1980-01-29§ 522(b)

The debtor is allowed to choose either the exemptions specified in Section 522(d) or Federal exemptions other than those found in Section 522(d), plus exemptions allowed under State law.

Property held by spouses as tenants by the entirety that is not part of the bankruptcy estate cannot be claimed as exempt under section 522(d)(1).

Matter of Jeffers · filed 1980-02-19§ 522(d)(1)

they may not claim exemptions for it under Section 522(d)(1) of the Bankruptcy Code.

The value and status of exempt property are determined when the bankruptcy petition is filed.

In re Crump · filed 1980-01-14§ 522

The value and status of exempt property in bankruptcy is determined as of the date the petition is filed.

Section 522(f) applies to security interests created before the Bankruptcy Code took effect.

Boulton v. General Finance Loan Corp. (In re Boulton) · filed 1980-04-01§ 522(f)

The complaint and answer establish that the security interest of General Finance Loan Corporation of Iowa is void under 11 U.S.C.

A debtor may use section 522(f) to avoid a lien only on property the debtor has actually declared exempt; the exemption does not extend to undeclared nonexempt property.

In re Dardar · filed 1980-04-28§ 522(f)(2)

exempt property does not exist until the debtor specifically declares exemptions.

Section 522(f) is unconstitutional as applied to pre-enactment security interests.

Hoops v. Freedom Finance (In re Hoops) · filed 1980-04-25§ 522(f)

Section 522(f), as applied to preenactment security interests, simply goes too far.

Section 522(h) allows debtors to avoid a transfer that a trustee could avoid under § 548, but only to the extent of the debtors' applicable homestead exemption.

McKeever v. McClandon (In McKeever) · filed 1994-04-14§ 522(h)

Because the McKeevers have shown that a trustee could have set aside the transfer under 11 U.S.C. § 548, they are entitled under Section 522 to avoid the transfer to the extent of their homestead exemption.

Section 522(h) allows a debtor who is not a debtor in possession to pursue an avoidance action only to take advantage of the debtor’s exemptions.

Owen v. Treadway (In Re Owen) · filed 1994-06-23(h)

A debtor who is not a debtor in possession may bring an avoidance action only to take advantage of the debtor’s exemptions.

The debtor's avoidance right under § 522(h) is derivative of the trustee's avoidance power, so the debtor cannot recover a transfer that the trustee could not avoid under § 547.

Moore v. General Motors Acceptance Corp. (In re Moore) · filed 1995-02-10(h)

A debtor’s rights under § 522(h) are derivative in that they arise from the trustee’s right to avoid transfers of exempt property when the trustee has failed to assert such a right.

Section 522(h) permits a Chapter 13 debtor to avoid an involuntary transfer when the trustee could have avoided it, did not do so, and the debtor could have exempted the property; the debtor satisfied those requirements using the claimed § 522(d)(1) exemption.

Callanan v. International Fidelity Insurance (In Re Callanan) · filed 1995-12-19(h), (d)(1)

This subsection permits a Chapter 13 debt- or to bring an avoidance action if (1) the trustee could have brought such an action; (2) the trustee did not bring the action; (3) the transfer was involuntary and the debtor did not conceal the property or the debtor could have avoided the transfer under § 522(f)(2); and (4) the debtor could have exempted such property had the trustee actually avoided the transfer.

Section 522(h) permits a debtor to step into the trustee’s position and avoid a transfer under § 547(b) when the trustee does not pursue avoidance, subject to § 522(g)(1).

Edl v. Kinast (In Re Edl) · filed 1997-04-01(h)

Ms. Edl stands in the shoes of a trustee in bankruptcy pursuant to § 522(h) and (g)(1) and may avoid any transfer meeting the five requirements of § 547(b).

Section 522(h) lets a debtor step into the trustee’s shoes to avoid a § 547 transfer when the trustee declines to act, but only to the extent the debtor could have exempted the property.

Braxton v. Bureau of Unemployment Compensation Benefits & Allowances (In Re Braxton) · filed 1998-09-10(h)

If a transfer is avoidable by the trustee under § 547 and the trustee does not attempt to avoid such transfer, the debtor may step into the shoes of the trustee to avoid a transfer to the extent that the debtor could have exempted such property if the trustee had avoided the transfer. 11 U.S.C. § 522(h).

Section 522(h) lets a debtor avoid a transfer only to the extent the debtor could have exempted the property, and only when the transfer is avoidable by the trustee and the trustee does not attempt to avoid it.

Carroll v. Manor Care of Largo, Inc. (In Re Carroll) · filed 1999-07-13(h)

Debtors’ action fails because section 522(h) of the Bankruptcy Code empowers a debtor to avoid a transfer only to the extent that the debtor could have exempted the property.

Section 522(h) limits a Chapter 13 debtor's avoidance power to recovering potentially exempt property when the trustee does not attempt to avoid the transfer.

Smoot v. Swann Hill Condominium Unit Owners Ass'n (In Re Smoot) · filed 1999-07-30§ 522(h)

This court finds that the avoidance powers of a Chapter 13 debtor are limited to those set out in § 522(h) of the Code — that is, to recover potentially exempt property if the trustee fails to act.

Section 522(h) allows a debtor to avoid a transfer only when the trustee could avoid it and the debtor could exempt the property under section 522(g), including the involuntary-transfer and nonconcealment conditions.

In Re Lafoon · filed 2002-02-22(h), (g)

Section 522(h) authorizes a debtor to avoid a transfer of property pursuant to the trustee’s avoidance powers if the trustee does not exercise these powers and the debtor could have exempted the property under § 522(g).

Section 522(h)(2) requires a debtor seeking derivative avoidance to establish that the trustee does not attempt to avoid the transfer; an unserved exemption amendment does not establish trustee waiver.

Saults v. First Tennessee Bank (In re Saults) · filed 2002-09-11(h)(2)

Absent such approval, however, the debtor’s § 522(h) action is premature.

Section 522(h) allows a Chapter 13 debtor to commence a § 548 avoidance action when the property to be recovered is exempt from execution.

Ryker v. Current (In Re Ryker) · filed 2003-08-13(h)

In a limited context, a Chapter 13 debtor undoubtedly does have standing to initiate an avoidance action when the property to be reclaimed or recaptured is exempt from execution. ... That a Chapter 13 debtor may commence a § 548 avoidance action pursuant to § 522(h) is beyond dispute.

Section 522(h) lets a debtor avoid a trustee-avoidable transfer only when the transfer was involuntary and not concealed, so it does not permit avoidance of a voluntarily granted mortgage.

Terry v. Witten & Carter, P.C. (In Re Terry) · filed 1986-01-03(h)

Section 522(h) is limited by the provision of Section 522(g), which requires that-in order for the debtor to exempt property from the estate, the property must have been both involuntarily transferred by the debtor and not concealed by the debtor. Subsections (g) and (h) of Section 522 are not provisions that enable the debtor to bring property into the estate, but are specific restrictions on the debtor’s general power to exempt estate property.

Section 522(h) lets a debtor avoid a qualifying transfer to the extent the debtor could have exempted the property under § 522(g)(1); when a state has opted out of the federal exemptions, the applicable state exemption scheme determines that extent, with the transferred property treated as it would have existed before the transfer.

Bank of America v. Stine · filed 2003-12-30(h), (g)(1), (b)(1)

Subsections (g) and (h) enumerate the derivative powers a debtor has to avoid certain pre-petition transfers of property.

Section 522(h) lets a debtor avoid an involuntary transfer of exempt property only if five statutory conditions are met, including that the trustee has not attempted avoidance and the property could have been exempted under § 522(g).

Patton v. State Street Bank (In Re Patton) · filed 2004-09-16(g) and (h)

Section 522(h) allows the debtor to avoid certain transfers of exempt property. The debtor must meet five conditions in order to do so: (1) the transfer cannot have been a voluntary transfer of property by the debtor; (2) the debtor cannot have concealed the property; (3) the trustee cannot have attempted to avoid the transfer; (4) the debtor must exercise an avoidance power usually used by the trustee that is listed within § 522(h); and (5) the transferred property must be of a kind that the debtor would have been able to exempt from the estate if the trustee (as opposed to the debtor) had avoided the transfer pursuant to one of the statutory provisions in section 522(g).

Section 522(h) gives a debtor only the trustee’s avoidance power, so expiration of the trustee’s § 546(a) limitations period bars the debtor’s corresponding avoidance action.

Verner v. Verner (In Re Verner) · filed 2005-01-06(h)

Second, because a bankruptcy trustee would be barred by the passage of the § 546(a)(1) limitations period from avoiding Mrs. Verner’s property interest via § 544(a), the Debtor would now be precluded from attempting himself to so avoid Mrs. Verner’s property interest via § 522(h).

Section 522(h) lets a debtor avoid a transfer the trustee could avoid when the trustee does not act, but only to the extent the debtor could exempt the property under § 522(g)(1), which requires that the transfer be involuntary and not concealed.

Smith v. Primus Automotive Financial (In Re Smith) · filed 2006-02-16(h), (g)(1)

Therefore, this court holds that the signature by Debtor of the Consent to Distribution did not transform what was undoubtedly an involuntary transfer to one that was voluntary for purposes of the application of Section 522(g). ... In conclusion, the court holds that there is no dispute of material fact. Debtor has standing pursuant to Section 522(h) and its incorporated requirement under 522(g)(1) to bring this preferential transfer avoid-anee action.

Sections 522(g)(1) and (h) prevent a Chapter 13 debtor from independently maintaining the trustee’s avoidance actions without satisfying their statutory requirements.

Funches v. Household Finance Consumer Discount Co. (In Re Funches) · filed 2008-02-05(g)(1), (h)

Therefore, I hold that the Debtor may not maintain her avoidance actions in her capacity as a chapter 13 debtor without satisfying the requirements of 11 U.S.C. § 522(g)(1) and (h). Because she cannot do so, the § 544 claim must be dismissed.

Section 522(h) lets a debtor exercise the trustee’s § 545 lien-avoidance power in appropriate circumstances, subject to the statutory conditions and proof that the lien is avoidable.

In Re Cramer · filed 2008-09-12(h)

On the scheduled ruling date, the court acknowledged that section 522(h) does in fact allow a debtor to exercise a trustee’s lien avoidance powers under section 545 in certain circumstances.

Section 522(h) does not allow a debtor to avoid a judgment lien when the debtor did not claim the homestead exemption needed to make the property exempt under § 522(g)(1).

In Re Gross · filed 2008-10-07(h), (g)(1)

Because her residence is not now exempt, the debtor may not assert any avoidance rights under section 522(h).

Section 522(h)(1) and (2) lets a debtor avoid a transfer that the trustee could avoid when the trustee does not attempt to do so.

In Re Webb · filed 2010-05-19(h)(1) and (2)

Because the trustee has not attempted to avoid the transfer to Kwik Cash in the five months since the case was filed, the Court finds that the debtors may properly bring such an action.

Section 522(g) makes an exemption too late only after a trustee avoids a transfer and obtains recovery or turnover, subject to the statute’s exception for involuntary transfers.

In Re OBrien · filed 2011-01-04(g)

The debtor cannot amend to claim that property as exempt because it is already gone.

Section 522(g)(1)(A) permits a debtor to exempt property recovered by the trustee only if the transfer was not voluntary.

In Re Pfiester · filed 2011-01-24(g)(1)(A)

Debtor voluntarily transferred property.

Section 522(g)(1)(A) prevents a debtor from newly claiming an exemption in property already avoided by a trustee after the debtor voluntarily transferred it, but it does not itself defeat a state-law rule barring avoidance of property that was exempt before the transfer.

Sullivan v. Welsh (In Re Lumbar) · filed 2011-03-03(g)(1)(A)

State law is more fundamental; and it simply bars the Plaintiff from obtaining avoidance in the first place.

Section 522(g) bars a debtor from claiming an exemption in property recovered by the trustee under § 550 when the transfer was voluntary.

Osberg v. Halling (In Re Halling) · filed 2011-05-09(g)

she is not entitled to subsequently claim them as exempt.

Section 522(g)(1)(A) allows a debtor to exempt property recovered by a trustee only if the transfer of that property was not voluntary.

Lassman v. OneWest Bank, FSB (In Re Swift) · filed 2011-10-07(g)(1)(A)

Section 522(g) of the Bankruptcy Code limits a debtor’s ability to exempt property recovered by a trustee to involuntary transfers.

Section 522(h) allows a Chapter 7 debtor to use specified trustee avoidance powers only to the extent the debtor could have exempted the property under § 522(g)(1).

Johnston v. City of Middletown (In re Johnston) · filed 2012-12-21(h)

Accordingly, Johnston may not use § 547 to avoid the setoff.

Section 522(h) permits a Chapter 13 debtor to bring a § 544(a) avoidance action only after the Chapter 13 trustee fails to do so.

Beskin v. Bank of New York Mellon (In re Perrow) · filed 2013-09-05(h)

A Chapter 13 debtor may only bring a section 544(a) action after the Chapter 13 trustee fails to do so. ... Congress chose in section 522(h) to allow the debtor to step into the shoes of the trustee for certain avoidance actions under limited circumstances.

Section 522(h), read with § 522(g), allows a debtor to avoid a prepetition preferential transfer when the property could have been exempted, the transfer was involuntary, and the trustee has not pursued avoidance.

Pierce v. Collection Associates, Inc. · filed 2013-12-30(h), (g)

However, 11 U.S.C. § 522(h), when read in conjunction with 11 U.S.C. § 522(g), allows a debtor to avoid prepetition preferential transfers if (1) the property transferred would have been exempt; (2) the property was not transferred voluntarily; and (3) the trustee has not sought to bring an avoidance action.

A Chapter 13 debtor may exercise the trustee’s avoidance powers only when the debtor satisfies the requirements of § 522(g) and § 522(h), including the involuntary-transfer requirement.

Atkins v. Gelt Properties, LLC (In re Atkins) · filed 2015-02-27(g), (h)

the unambiguous statutory text, which provides that a chapter 13 debtor may exercise the chapter 13 trustee’s avoidance powers only if the debtor can satisfy the requirements of § 522(g) and (h).

Section 522(h) permits debtors to exercise the trustee’s avoidance power when the trustee does not attempt the avoidance, but the power to avoid does not itself authorize recovery beyond applicable exemptions.

Smith, Keith v. Sipi, LLC · filed 2016-01-20(h)

It is true that the Smiths as debtors have the power to avoid the transfer just as their trustee would. See 11 U.S.C. § 522(h). As the bankruptcy court explained, where a transfer is avoidable under § 548 but the trustee does not attempt to avoid it (which the bankruptcy court found was the case here), the debtors themselves may avoid the transfer. But the power to avoid is only the power to unwind the transfer. No authority would allow the Smiths themselves to recover the full value of the property simply because they can avoid the tax sale.

Section 522(h) permits a debtor to avoid a transfer only to the extent the debtor could have exempted the property under § 522(g)(1), when the trustee could have brought but did not bring the action.

Kalesnik v. HSBC Bank USA, National Ass'n (In re Kalesnik) · filed 2017-07-11(h)

For that reason, this Court adopts the majority view and holds that Chapter 13 debtors do not have standing to exercise a trustee’s avoidance powers outside the narrow confines of § 522(h).

Sections 522(g) and 522(h) limit a Chapter 7 debtor's use of the trustee's avoidance powers when the transfer was voluntary, subject to the statutory exception for an avoidance under § 522(f)(1)(B).

In re Kalabat · filed 2018-10-19(g), (h)

But such power is limited by the combination of §§ 522(g) and 522(h), so as to preclude the Chapter 7 debtor's use of the trustee's avoidance power under § 544(a) when the lien at issue was given as a voluntary transfer by the debtor.

Section 522(h) lets a debtor avoid a transfer only to the extent the debtor could have exempted the property, and only when the transfer is avoidable by the trustee and the trustee does not attempt to avoid it.

White-Lett v. The Bank of New York Mellon, Corp. · filed 2021-03-12(h)

Given that the Trustee does not have standing to challenge the RRA Assignment contrary to Plaintiff’s assertions in the Complaint she cannot invoke 11 U.S.C. § 522(h) as a basis for standing. That subsection provides that “the debtor may avoid a transfer of property of the debtor or recover a setoff to the extent that the debtor could have exempted such property under subsection (g)(1) of this section if the trustee had avoided such transfer, if— (1) such transfer is avoidable by the trustee under section 544, . . .; and (2) the trustee does not attempt to avoid such transfer.” Because the transfer was not avoidable by the trustee, it is not avoidable by Plaintiff standing in his shoes.

Section 522(h) lets a debtor avoid a qualifying transfer only to the extent of the debtor’s exemption in the property.

Franco v. Real Portfolio 13, LLC · filed 2025-03-17(h)

What is more, a debtor cannot exercise the same avoidance powers as chapter 13 trustee under Section 548. In re Wright, 649 B.R. 625, 629 (Bankr. D.N.J. 2023). Rather, a debtor may avoid a transfer pursuant to Section 522(h), 11 U.S.C. 522(h), and avoidance through this section is limited to the extent of a debtor’s exemption in the property. Id. at 629-30. ... In this case, the Debtor has not claimed an exemption in the Property. Even if she had claimed an exemption, she could not avoid at least some of the judgment liens against the Property.

Section 522(h) lets a debtor avoid an involuntary transfer of property to the extent the debtor could have exempted it, subject to the section's conditions.

Roberson v. Hunter (In Re Roberson) · filed 1980-10-17(h)

This provision allows a debtor to avoid a transfer of property to the extent the debtor could have exempted such property if the transfer was involuntary and the property had not been concealed by the debtor and if such transfer could be avoided by trustee as a preference under Section 547, were it not exempt, but trustee has not attempted to do so.

A debtor’s survivorship interest in tenancy-by-the-entirety property remains in the estate after the interest is exempted under section 522(b)(2)(B), to the extent state law permits creditors to reach it.

Waldschmidt v. Shaw (In re Shaw) · filed 1980-06-18§ 522(b)(2)(B)

The Congress did not intend to give a trustee for the estate of one spouse the rather drastic authority to sell the entire property unless the entire interest of the debtor spouse as tenant by the entirety is included in the estate.

A debtor’s choice between the state and federal exemption systems becomes final after the applicable objection period, so the debtor may not later switch systems.

In re Duggan · filed 1980-06-24§ 522(b)

At some point the right to switch from one system to another must end and there be some finality to a choice.

Section 522(g)(1) bars a debtor from claiming an exemption in property knowingly concealed from the trustee and later recovered for the estate.

Matter of Dorricott · filed 1980-07-08§ 522(g)(1)

A debtor may not claim exempt property which he has knowingly concealed from the trustee.

In an opt-out state, section 522(f) does not protect an exemption that state law denies because a lien encumbers the property.

Panesky v. CIT Financial Services (In re Panesky) · filed 1980-07-08§§ 522(b), 522(f)(2)(A)

If the debtors are not entitled to claim the exemptions under Section 2329.66, then Section 522(f) of the Bankruptcy Code has no application whatsoever, since there are no exemptions to protect for the debtors.

A spouse who did not earn the wages generating a joint tax refund has no “debtor’s interest” in that refund to claim as exempt under section 522.

Matter of Smith · filed 1980-07-10§ 522

Hence, the rational of the Helsel case in 1963 has not been changed.

For section 522(a)(1), “fair market value” in a Chapter 7 exemption valuation is equivalent to liquidation value in the bankruptcy context.

In re Walsh · filed 1980-07-11§ 522(a)(1)

A valuation is always a stage in some proceeding which has a practical purpose.

Section 522(f) preempts an inconsistent Ohio restriction and permits an Ohio debtor to avoid qualifying nonpurchase-money liens despite the state opt-out.

Curry v. Associates Financial Services (In re Curry) · filed 1980-07-21§§ 522(b), 522(f)

However, Ohio Rev. Code Ann. Section 2329.-661(C) is in direct conflict with 11 U.S.C. section 522(f) and the act of Congress prevails over the conflicting state law.

In a joint case, each debtor must choose either the state or federal exemption scheme, and a debtor who elects state exemptions must satisfy the state-law conditions.

Ageton v. Cervenka (In re Ageton) · filed 1980-07-24§§ 522(b), 522(m)

Each debtor may choose the state exemptions but must abide by the state rules to obtain the state protection.

A waiver of the homestead exemption is not avoidable under subsection (f) when it is neither a judicial lien nor a lien on the listed personal property.

Bank of Middlesex v. Parkinson (In re Ballard) · filed 1980-08-04§ 522(f)

The Ballards have no other evidence.

A judicial lien is not avoidable under subsection (f)(1) when mortgages leave no exemptable interest for the lien to impair.

Day v. Boteler (In re Boteler) · filed 1980-08-05§§ 522(b), 522(f)(1)

the judicial lien is not subject to avoidance.

Tenancy-by-the-entirety interests are exempt under subsection (b)(2)(B) when state law makes them immune from execution by one spouse’s creditors.

Bass v. Thacker (In re Thacker) · filed 1980-08-08§ 522(b)(2)(B)

This is obviously what Congress intended to exempt.

For cases filed before the 1994 amendments, the § 522(d)(1) exemption amount is the amount in effect on the petition date.

In Re Swanson · filed 1997-04-02(d)(1), (m)

Because the 1994 Amendments apply only to cases filed after October 22,1994, the effective date of the Amendments, cases filed before the effective date are not entitled to the 1994 expanded exemption scheme but are subject to the exemption scheme in effect at the time of the debtors’ filing.

Section 522(f)(1) permits full avoidance of a judicial lien impairing a homestead exemption even when the underlying debt may be nondischargeable.

In Re Ash · filed 1994-03-23§ 522(f)(1), § 522(d)(1)

For the foregoing reasons, the debtor’s motion is granted, and the attachment in the amount of $20,000 recorded on November 12, 1991 in the Waterbury land records against property known as 41 Edin Avenue, Waterbury, Connecticut is avoided and declared null and void pursuant to Bankruptcy Code § 522(f).

Section 522(h) does not let a Chapter 7 debtor use § 545(2) to avoid a properly filed tax lien, which remains protected by § 522(c)(2)(B).

In Re Robinson · filed 1994-04-20§ 522(h), § 522(c)(2)(B)

Under the statutory scheme of § 522, as well as the most recent case law addressing debtors’ avoidance powers under that section, a Chapter 7 debtor may not use § 522(h) to avoid a transfer that a trustee might have avoided under 11 U.S.C. § 545(2).

Under § 522(f)(1), a judicial lien must both fix a liability to the debtor’s exempt property and impair the exemption; an unenforceable lien can impair the exemption by clouding title.

In the Matter of E.C. Henderson and Phyllis Henderson · filed 1994-04-20§ 522(f)(1)

We do not agree that whether the judicial hen “fixed” is irrelevant to whether a debtor can utilize § 522(f)(1).

A lien created through confession of judgment is a judicial lien avoidable under subsection (f)(1) to the extent it impairs the debtor’s real-property exemption.

Natale v. Kirk Mortgage Co. (In re Natale) · filed 1980-08-12§ 522(f)(1)

This was judicial process.

Refinancing extinguishes a purchase-money character, making the resulting security interest avoidable under subsection (f).

Matter of Jones · filed 1980-08-15§ 522(f)

The renewal note which was accepted by the lender in the refinancing of the original note was accepted in satisfaction of an antecedent debt.

Subsection (c) does not prevent a valid purchase-money lien from being enforced against exempt property, and subsection (f)(2)(A) does not avoid that lien.

Associates Financial Services Co. v. Greenly (In re Greenly) · filed 1980-08-18§§ 522(c), 522(f)(2)(A)

Holders of valid liens on exempt property are entitled to retain their rights unimpaired by bankruptcy.

A mobile home and automobile do not qualify for subsection (f)(2) lien avoidance when the debtor claims them under state homestead and motor-vehicle exemptions rather than as property of the types listed in that subsection.

Moore v. Household Finance Corp. (In re Moore) · filed 1980-08-19§ 522(f)(2)

The Court must deny this proposition.

A real-estate broker’s automobile is a tool of trade under subsection (f)(2)(B) when its use is necessary to carry on the business, even without equity in the vehicle.

Credithrift of America, Inc. v. Dubrock (In re Dubrock) · filed 1980-08-19§ 522(f)(2)(B)

It was not employed as a means for lien avoidance.

Section 522(f)(1) permits avoidance of a judicial lien to the extent the property could have been exempted without the lien.

Fluharty v. Fluharty (In Re Fluharty) · filed 1980-12-10§ 522(f)(1)

a debtor may avoid a judicial lien on any property to the extent that the property could have been exempted in the absence of such lien.

A judicial lien securing a divorce property-division debt is avoidable under § 522(f)(1) to the extent it impairs the debtor’s exemption.

Feldman v. Grimes (In Re Grimes) · filed 1985-01-25§ 522(f)(1)

The $3,300 debt charged against debtor’s share of proceeds from the sale of the family residence is in the nature of a property division. Because the judgment debt arising therefrom is neither designated as nor actually in the nature of alimony, maintenance, or support, it is the subject of a judicial lien properly avoidable under § 522(f)(1) to the extent that it impairs Debtor’s $4,500 exemption, ... to the full extent of $3,300.

A debtor may exempt the right to receive Social Security benefits under section 522(d)(10)(A) where federal exemptions apply.

In Re Hughes · filed 1980-12-18§§ 522(b), 522(d)(10)(A)

The debtor is allowed to exempt his right to receive social security benefits in those states where the federal exemptions apply.

Section 522(f)(1) permits a debtor to avoid a judgment lien that impairs an exemption even when a subordinate, unavoidable federal tax lien also encumbers the property, if the judgment lien would otherwise be avoidable.

In re Diliberto · filed 1993-01-22(f)(1)

Unlike the case where there is a consensual subordinate lien, where there is a non-consensual unavoidable subordinate federal tax lien, its existence does not affect the ability of a debtor to avoid a superior judgment lien to the extent that the debtor would otherwise be able to avoid that judgment lien if the non-consensual unavoidable tax lien did not exist.

Under § 522(f)(1), unavoidable liens are deducted first, without regard to state-law priority, to determine whether a judicial lien impairs an exemption and may be avoided.

In re Bradshaw · filed 1993-01-22(f)(1)

The Court must first subtract those liens which are not avoidable pursuant to the Bankruptcy Code. The Court must then determine whether or not a judicial lien impairs the debtor’s exemption.

Section 522(f)(1) permits a debtor to avoid a judicial lien in full when the lien impairs an exemption, even if the lien exceeds the exemption amount.

Lapointe v. Snelling & Snelling, Inc. (In Re Lapointe) · filed 1993-01-25(f)(1)

The language of § 522(f)(1) — “to the extent that such lien impairs an exemption” — does not exclude the right of the debtor to remove the dead hand effect of a judicial lien.

Section 522(f)(1) allows a debtor to avoid a judicial lien that impairs the debtor’s right to property potentially exempt under § 522(b).

In Re Waltjen · filed 1993-01-29(f)(1)

Therefore, American’s lien impairs Debtor’s right to that property, and Debtor has a right to avoid that lien pursuant to § 522(f)(1).

Section 522(f)(1) does not allow a debtor to avoid a lien that did not fix on the debtor’s pre-existing interest in property.

In Re Dale · filed 1993-03-23(f)(1)

The lien granted in the dissolution decree is not avoidable under section 522(f)(1) of the Bankruptcy Code because such lien did not fix upon a pre-existing interest of the debtor in property.

Section 522(f)(1) permits a debtor to avoid a judicial lien only to the extent it impairs the debtor’s exemption; any remaining portion of the lien is not avoidable.

In Re Abrahimzadeh · filed 1994-01-03§ 522(f)(1)

Thus, it is clear that a debtor does not have the power to void a judicial lien which impairs his homestead exemption, except to the extent that the value of the exemption is impaired.

Section 522(f)(1) permits avoidance of a judicial lien only to the extent it impairs an exemption the debtor would have been entitled to claim, so the lien may not be avoided in full when its value exceeds that exemption.

Esler v. Orix Credit Alliance (In Re Esler) · filed 1994-03-17(f)(1)

As to the motion to avoid lien in its entirety pursuant to Section 522(f), the Court finds that the cited Code section only permits the avoidance of judicial liens to the extent that such liens impair exemptions to which the debtors “would have been entitled.”