11 U.S.C. § 522

Section 522(h) permits a debtor to avoid a preferential wage transfer when the trustee could avoid it under § 547 and the debtor could have exempted the wages.

Nealis v. Ford Motor Credit Co. (In Re Nealis) · filed 1985-09-18§§ 522(g), 522(h)

The debtor may avoid a transfer under 11 U.S.C. §§ 547(b) and 522(h) if the trustee does not attempt to avoid the transfer. ... The wages withheld may be exempted pursuant to 11 U.S.C. § 522(b), (g), (h).

Section 522(d)(10)(E) determines whether retirement funds are exempt, and funds found nonexempt become property of the estate.

In Re Clark · filed 1985-09-18§ 522(d)(10)(E)

this court held that the rollover individual retirement account (“IRA”) and pension account of the debtor were not exempt property under section 522(d)(10)(E) of the Bankruptcy Code (11 U.S.C. § 522(d)(10)(E)) and therefore became property of the estate at the time the debtor filed his petition on April 6, 1982.

Section 522(f) preserves a state-law homestead exemption despite a waiver and avoids a judgment lien to the extent it impairs that exemption.

In Re Blevins · filed 1985-09-18§ 522(f)

Despite this waiver, § 522(f) allows the Debtors to claim the Homestead exemption they are entitled to under state law.

Section 522(b) and (d) allow an individual debtor to claim exemptions, but an opt-out state limits the debtor to state or other federal exemptions.

In Re Richards · filed 1986-02-10§§ 522(b), 522(d)

If the state has opted out of the federal exemptions listed in § 522(d), only property exempted from execution by other federal law or state law may be exempted from the bankruptcy estate.

An ERISA plan subject to an enforceable anti-alienation clause may be excluded from the estate under § 541(c)(2), leaving the § 522(d)(10) exemption question moot.

In Re Wiggins · filed 1986-02-13§ 522(d)(10)

Since the Debtor’s interest in the trust does not become part of the estate, and since property must become part of the estate in order to exercise an exemption, the question as to the exemptability of the Debtor’s interest in the Plan is moot.

Section 522(f)(1) permits a debtor to avoid a garnishment lien in funds still held by the garnishee when the debtor has an allowed exemption and the lien impairs it.

Bryant v. General Electric Credit Corp. · filed 1986-02-19§ 522(f)(1)

It is clear from the record that Bryant has met the remaining requirements of § 522(f) and may avoid the garnishment.

Section 522(f)(1) is not self-executing; a debtor must move to avoid an impairing judicial lien.

Moseley v. Milner · filed 1986-02-24§ 522(f)(1)

The relief provided by 11 USC § 522 (f) (1), however, is not self-executing and requires a motion by the debtor to avoid the judicial lien.

Section 522(f) is unavailable when a judgment lien does not impair the debtor’s exemption under applicable state law.

In Re Wolf · filed 1986-02-27§ 522(f)

Clearly, they do not, and avoidance is thus inappropriate.

Section 522(f)(2)(B) permits avoidance of a lien on tools of trade when the lien, property interest, exemption, and impairment requirements are met.

In Re Allman · filed 1986-03-13§ 522(f)(2)(B)

Section 522(f)(2)(B) permits a debtor to avoid a lien if four requirements are met: (1) the lien the debtor seeks to avoid is a nonpossessory, nonpurchase-money security interest in implements, professional books, or tools of the trade of the debtor or any dependents; (2) the debtor has an interest in the property; (3) the debtor claims an exemption in the property to which the ... debtor is entitled under § 522(b); and (4) the creditor’s lien impairs the debtor’s exemption.

Section 522(f)(2)(A) permits avoidance of a nonpossessory, nonpurchase-money security interest in household furnishings only to the extent it impairs an exemption available under § 522(b).

Credithrift of America, Creditor v. Mary Barbara Lawson, Debtor · filed 1986-04-10§ 522(f)(2)(A)

Section 522(f)(2)(A) permits a debtor to avoid nonpossessory, nonpurchase-money security interests encumbering household furnishings to the extent that the security interest impairs an exemption to which the debtor would have been entitled under section 522(b).

When a state opts out of the federal exemptions and does not exempt property encumbered by consensual liens, § 522(f)(2)(A) cannot be used to avoid the lien because the lien does not impair an exemption available under § 522(b).

Mary Barbara Lawson, Debtor v. United States of America, Intervenor · filed 1986-04-10§ 522(f)(2)(A)

Kentucky, having 'opted out,' does not exempt property to the extent that it is encumbered by consensual liens. Thus, section 522(e), like section 522(f), does not come into play.

Section 522(b) lets a debtor choose between the federal bankruptcy exemptions and the exemptions provided by state law.

North Side Bank v. Gentile · filed 1986-04-16§ 522(b)

The bankrupt Defendant had a choice under the Federal Bankruptcy Act to follow the exemption provisions of the Federal Bankruptcy Act or the exemptions provided by state law.

Section 522(f) does not authorize avoidance of a perfected purchase-money security interest in farm machinery.

In Re Fossum · filed 1986-04-16§ 522(f)

At the time debtors filed the original Chapter 11 petition, John Deere held a perfected purchase money security interest in both pieces of farm machinery which are the subject matter of this proceeding, which could not be avoided under § 522(f) of the Bankruptcy Code.

Section 522(l) requires a debtor to file a list of property claimed as exempt.

Matter of Welborne · filed 1986-04-16§ 522(l)

Subdivision (a) of BR 4003 implements Code § 522(1) which prescribes that the debtor shall file a list of property that the debtor claims as exempt.

Section 522(b)(1) permits a state to opt out of the federal exemption scheme, limiting a debtor to exemptions available under state law.

In Re Douglas · filed 1986-04-17§ 522(b)(1)

Kansas has opted out of the federal exemption scheme thus limiting the debtor to exemptions available under Kansas law.

Section 522(f)(2)(B) permits avoidance of a nonpossessory, nonpurchase-money security interest in the debtor’s tools of trade, but not a possessory security interest.

In Re Sanders · filed 1986-04-17§ 522(f)(2)(B)

The Court therefore concludes that the Bank’s nonpossessory security interest became a possessory security interest when the Bank took possession of the collateral. The Bank’s possessory security interest is not subject to lien avoidance under 11 U.S.C. § 522(f).

Before New York opted out, § 522(b) allowed New York debtors to choose either the federal exemptions under § 522(d) or New York’s state exemptions.

Greene v. Schmukler (In Re De Berry) · filed 1986-04-22§ 522(b)

prior to the enacting of "opting out” ... legislation by New York on September 1, 1982, New York debtors were entitled under 11 U.S.C. § 522(b) to only claim either the federal exemptions under 11 U.S.C. § 522(d) or the state exemptions under New York law.

Section 522(b) allows a debtor to claim purely state-law exemptions under the Code’s opt-out scheme.

Addison v. O'Leary · filed 1986-04-23§ 522(b)

In addition, the Bankruptcy Code allows the debtor to claim purely state law exemptions pursuant to the “opt-out” provision in 11 U.S.C. § 522(b).

Section 522(f)(2)(A) permits avoidance of a non-purchase-money lien only for the listed property categories, and firearms are not household goods merely because many homes contain them.

Oswald v. ITT Financial Services · filed 1986-04-23§ 522(f)(2)(A)

A non-purchase money lien is avoidable under § 522(f)(2)(A) only if it applies to “household furnishings, household goods, wearing apparel, appliances, books, animals, crops, musical instruments, or jewelry.” ... Items are not “household goods” merely because they are found in many, or most homes.

Section 522(d)(10)(E) covers payments from a qualifying plan only when they are akin to the debtor’s future earnings and reasonably necessary for support.

Nelson v. White (In Re White) · filed 1986-04-24§ 522(d)(10)(E)

For the Trust to qualify under this section it must first be a “stock bonus, pension, profit-sharing, annuity or similar plan or contract” for the enumerated reasons. If it is, it may be exempted to the extent it is reasonably necessary for the support of the debtor or a dependent of the debtor. ... This section is meant to protect “benefits akin to future earnings of the debtor.”

Section 522(f)(2)(A) does not allow avoidance of a lien on property that is not exempt.

Walnut Valley State Bank of El Dorado v. Coots · filed 1986-04-28§ 522(f)(2)(A)

The court finds the two boxes of glassware in the debtors’ attic and the stove in the debtors’ basement to be non-exempt under K.S.A. 60-2304(1). The bank’s lien on those items is, accordingly, non-avoidable under 11 U.S.C. § 522(f)(2)(A).

Under § 522(m), the exemption provisions apply separately to each debtor in a joint case, so each debtor may claim the statutory exemption amount.

In Re Reeder · filed 1986-05-01§ 522(m)

Section 522(m) provides that § 522 applies individually with respect to each debt- or in a joint case. As such, “each Colorado debtor whose property is subject to attachment or execution is entitled to claim his or her own exemptions in the statutory amount.”

Section 522(g) bars the debtor from exempting property that was voluntarily transferred before bankruptcy, such as property subject to the debtor’s grant of a security interest.

In Re Millerburg · filed 1986-05-02§ 522(g)

In this case, the debtor may not exempt the 1985 Chevrolet Blazer because it was the subject of a voluntary transfer, i.e., the giving of a security interest to GMAC on September 5, 1985. 11 U.S.C. § 522(g).

Section 522(f) lets a debtor avoid a lien that impairs an exemption the debtor would have been entitled to under state law, but only when the lien falls within the subsection’s specified categories.

Maitland v. Central Fidelity Bank (In Re Maitland) · filed 1986-05-05§ 522(f)

Section 522(f) of the Bankruptcy Code only allows a debtor to avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under state law, provided that lien fits within the categories delineated under § 522(f).

Section 522(b)(2)(B) does not exempt a debtor’s interest in entireties property from joint creditors when applicable state law permits those creditors to reach the property.

In re Butcher · filed 1986-05-05§ 522(b)(2)(B)

Accordingly, the exemptions claimed by Sonya W. Butcher on behalf of Jacob P. Butcher will be denied insofar as they purport under § 522(b)(2)(B) to exempt from the claims of joint creditors the debtor’s interest in property held as a tenant by the entirety with his wife.

Section 522(b)(2)(A) requires a debtor electing state-law exemptions to comply with the state law in effect when the bankruptcy petition was filed.

In Re Golden · filed 1986-05-06§ 522(b)(2)(A)

When a debtor elects to claim an exemption under state law pursuant to 11 U.S.C. Sec. 522, he is required to comply with the state law in effect at the time of the filing of his bankruptcy petition.

Section 522(b)(2)(A) requires a debtor electing state-law exemptions to comply with the state law in effect when the bankruptcy petition was filed.

England v. Golden · filed 1986-05-06§ 522(b)(2)(A)

When a debtor elects to claim an exemption under state law pursuant to 11 U.S.C. § 522, he is required to comply with the state law in effect at the time of the filing of his bankruptcy petition.

Section 522(f)(1) lets a debtor avoid a judicial lien on the debtor’s property to the extent the lien impairs an exemption.

In Re Keinath · filed 1986-05-16§ 522(f)(1)

Under Section 522(f)(1), a debtor may avoid the fixing of a judicial lien on an interest of the debtor in property to the extent that the lien impairs an exemption of the debtor.

Section 522(f) allows a debtor to avoid a judicial lien to the extent it impairs the debtor’s homestead exemption, including the entire tract qualifying as the homestead.

In Re Gill · filed 1986-05-23§ 522(f)

In conclusion we hold that the debtors are entitled to a homestead exemption in the entire 55-acre farm where their permanent residence is located, and the judicial lien of Citizens can be avoided to that same extent.

Section 522(b) does not prevent a debtor in a state that has opted out of § 522(d) from claiming other federal exemptions.

In Re Johnson · filed 1986-06-04§ 522(b)

While less than artfully drafted, Section 522(b) does not itself preclude a debtor who has filed in a state which has opted out of Section 522(d) exemptions from claiming other federal exemptions.

Section 522(b) does not bar a debtor in an opt-out state from claiming federal exemptions other than those in § 522(d).

In Re Corbly · filed 1986-06-04§ 522(b)

While less than artfully drafted, Section 522(b) does not itself preclude a debtor who has filed in a state which has opted out of Section 522(d) exemptions from claiming other federal exemptions.

Section 522(f) permits avoidance of qualifying nonpossessory, nonpurchase-money liens on exempt property, but a security interest that continues through renewal notes without novation is treated as vested from its original execution date and is not avoidable.

In re Laber · filed 1986-06-05§ 522(f)

Section 522(f) of the Bankruptcy Code provides for the avoidance of certain liens, including implements and tools of the trade, to the extent the liens are nonposses-sory, nonpurchase-money liens and the property is eligible for exemption. ... Therefore, if the security interest is considered valid as to some of the collateral, it must be considered valid as to all because of its continuing nature in the absence of a novation. Thus, the court concludes that the security interest has continually been vested since 1971 and that the lien is non-avoidable.

Section 522(f)(1) lets a debtor avoid a judicial lien to the extent it impairs an exemption the debtor would otherwise receive.

In Re D'Ambrosia · filed 1986-06-13§ 522(f)(1)

Section 522(f)(1) of the Bankruptcy Code allows a debtor to avoid the fixing of a judicial lien on an interest in his property to the extent such lien impairs an exemption to which the debtor would otherwise be entitled.

Section 522(f) permits avoidance of a judicial lien on garnished funds when the lien impairs an exemption to which the debtor is entitled.

In Re Rianna · filed 1986-06-16§ 522(f)

Accordingly, if and to the extent Fair-lawn holds a valid lien on the funds held in escrow, said lien is voided pursuant to 11 U.S.C. § 522(f).

Section 522(f)(2)(B) does not permit avoidance of a lien on property that is not exempt tools of the debtor’s trade.

Nuckolls v. Dominion Bank of the Cumberlands, N.A. (In re Nuckolls) · filed 1986-06-16§ 522(f)(2)(B)

that for the reasons expressed herein, the subject collateral does not constitute “tools of the trade” for purposes of § 522(f)(2)(B) which the Debtor may claim as exempt and remains property of the estate.

Section 522(f)(1) permits a debtor to avoid a judicial lien on an interest in property to the extent the lien impairs an exemption, including a judicial lien on garnished wages in this case.

Stoffer v. Saint Mary's Hospital Sisters of the Third Order of Saint Frances (In Re Stoffer) · filed 1986-06-19§ 522(f)(1)

This case is more appropriately analyzed under 11 U.S.C. § 522(f)(1), which permits a Debtor to avoid the fixing of a judicial lien on an interest of the Debtor in property to the extent that the lien impairs an exemption of the Debt- or.

Section 522(f)(2) does not authorize lien avoidance for recreational items that cannot be regarded as household goods, including rods and reels and a weight set.

Vittetoe v. Itt Financial Services (In Re Vittetoe) · filed 1986-06-19§ 522(f)(2)

By application of the same logic, it would appear that the rods and reels and the weight set cannot be regarded as property upon which a lien can be avoided under section 522(f)(2) of the Bankruptcy Code.

Section 522(l) makes only the portion of property claimed as exempt unavailable to the estate when no party in interest objects; the remaining interest stays property of the estate.

Rameker v. Wittenwyler (In Re Wittenwyler) · filed 1986-06-20§ 522(l)

The debtor only exempted a $1,200.00 portion of the property; the remaining interest was property of the estate and the increased equity inures to the sole benefit of the estate.

Section 522 permits Alabama to opt out of the federal exemptions in § 522(d) and use its own state-law exemptions instead.

First Alabama Bank of Montgomery v. Mims · filed 1986-06-20§ 522(b)

Under 11 U.S.C. § 522 of the United States Bankruptcy Code, the State of Alabama may “opt-out” of the federal exemptions in favor of its own exemptions.

Section 522(f)(2)(B) allows a debtor to avoid a lien on implements or tools of the trade to the extent the lien impairs an exemption under § 522(b), including exemptions available under § 522(d)(5) and (6), without limiting avoidance to the amount specified in § 522(d)(6).

Patterson v. Abbotsford State Bank (In Re Patterson) · filed 1986-06-20§ 522(f)(2)(B)

Section 522(f)(2)(B) allows the debtors to avoid appellant’s lien in any implements or tools of the trade of the debtors to the extent such lien impairs an exemption under § 522(b) to which the debtors are entitled. Under § 522(b), debtors are entitled to an exemption in their implements and tools of trade to the extent provided in § 522(d)(6) and (5). It follows, therefore, that debtors are entitled to avoid appellant’s lien in implements and tools of trade to the extent provided in § 522(d)(6) and (5). Nothing in § 522(f)(2)(B) limits the extent to which debtors can avoid appellant’s lien to the amount specified in § 522(d)(6) only.

Section 522(f) permits avoidance of a judicial lien only when the debtor has a relevant exemption under the applicable state exemption scheme.

In Re Ventura · filed 1986-06-30§ 522(f)

Additionally, Debtor’s reliance on Code § 522(f) is misplaced, as the applicability of the section necessarily depends upon the existence of a relevant New York exemption; as seen, the Debtors have not shown compliance with the New York exemption scheme as it existed prior to 1977.

Section 522(f) allows a debtor to avoid a nonpossessory, nonpurchase-money security interest to the extent it impairs an exemption the debtor would otherwise have been entitled to claim.

In Re Andrew S. Bland and Sonia J. Bland, Debtors. Finance One v. Andrew S. Bland and Sonia J. Bland · filed 1986-06-30§ 522(f)

The avoidance provision on which the Blands rely is available only to avoid a lien “to the extent that such lien impairs an exemption to which the debtor would have been entitled.” ... Section 522(f) allows the debtor to avoid “a nonpossessory, nonpur-chase-money security interest”

Section 522(f) permits debtors to avoid liens on farm implements that qualify as tools of the trade under the Bankruptcy Code, whose definition is not limited by state exemption statutes.

In Re Werner · filed 1986-07-02§ 522(f)

The definition of what a tool of the trade is must be obtained from the Bankruptcy Code and should not be circumscribed by state statutes. It is well settled that farm implements constitute tools of the trade under § 522(f) of the Bankruptcy Code.

Section 522(h) allows a debtor to recover an involuntary prepetition transfer when the trustee has not acted, even when the debtor would avoid the underlying lien under § 522(f)(1).

Washkowiak v. Glenwood Medical Group (In Re Washkowiak) · filed 1986-07-07§ 522(h)

There is no logical reason why that rule should not apply where the lien is avoidable by the debtor as well as by the trustee.

Section 522(f)(1) authorizes avoidance of a judicial lien to the extent it impairs property the debtor may exempt.

Duncan v. Gunter Insurance Agency (In Re Duncan) · filed 1986-05-08§ 522(f)(1)

Under that provision of the Code, a judicial lien may be avoided to the extent that it impairs property which may be exempted by a debtor.

Section 522(f)(2)(B) permits a debtor to avoid a nonpossessory, nonpurchase-money lien impairing an otherwise available exemption when the encumbered property is a properly exempted farm implement or machine.

In Re Peters · filed 1986-05-12§ 522(f)(2)(B)

In order for the Bank’s liens to be avoided under this section, the Court must find: (1) that the Debtors have an interest in the property in question; (2) that the Bank’s liens impair an exemption which the Debtors are otherwise entitled to; (3) that the liens are nonpossessory, nonpurchase-mon-ey security interests in the property; and (4) that the property encumbered by the Bank’s liens falls within 11 U.S.C. § 522(f)(2)(B) quoted above.

Section 522(f) cannot be used as an affirmative defense to defeat a security interest when the debtor has not timely taken steps to avoid the lien.

Associates Financial Services Co. of Indiana v. Boldman · filed 1986-07-14§ 522(f)

we must hold that a debtor may not use § 522(f) as an affirmative defense to defeat a security interest in his personal property if he has not taken timely steps to avoid the lien.

Section 522(f)(2)(A) permits avoidance of liens on household furnishings or household goods when the liens impair an exemption, including a catch-all exemption, but only to the extent of the impairment.

In Re Lucas · filed 1986-07-16§ 522(f)(2)(A)

These items are “household furnishings” within the meaning of 11 U.S.C. § 522(f)(2)(A). Accordingly, the Debtors may avoid Aet-na’s liens on these items, but only to the extent that they impair the Debtors’ catchall exemption of their interest in the excess value of those items.

Under § 522(b)(2)(B), the validity of a claimed exemption for an interest held as a joint tenant or tenant by the entirety is controlled by applicable nonbankruptcy law.

In Re Spatola · filed 1986-07-16§ 522(b)(2)(B)

It is clear from the foregoing provision (and both parties agree) that nonbankruptcy law is controlling as to the validity of these two claimed exemptions.

Under § 522(f), a debtor may avoid a judicial lien that impairs an exemption when the debtor claims a § 522(b) exemption and has an interest in the property.

Harville v. Morris (In Re Harville) · filed 1986-07-17§ 522(f)

Section 522(f) permits a debtor to avoid a lien if four requirements are met: (1) The lien the debtor seeks to avoid is a judicial lien; (2) The debtor claims an exemption in the property to which the debtor is entitled under Section 522(b); (3) the creditor’s lien impairs the debtor’s exemption; and (4) the debtor has an interest in the property.

Section 522(f)(2)(B) allows a debtor to avoid a nonpossessory, nonpurchase-money security interest in a trade implement when it impairs an exemption available under state law, without importing the federal exemption’s $750 cap.

In Re Liming · filed 1986-07-29§ 522(f)(2)(B)

Section 522(f) permits the debtor, "notwithstanding any waiver of exemption," to avoid any lien that impairs "an exemption to which the debtor would have been entitled under subsection (b)" on "implements" of the debtor’s trade. Id. Sec. 522(f)(2)(B). We cannot read the reference to "subsection (b)" as pertaining only to subsection (b)(1), which encompasses the limited ($750) federal implements exemption, to the exclusion of (b)(2), which encompasses the state law exemptions. And, although the wording of the subsection (f) avoidances closely follows the wording of the subsection (d) exemptions, subsection (f) contains no express dollar limitations on the value of the items that the debtor may avoid.

Section 522(f) permits a debtor to avoid a judicial lien only when it is fixed on the debtor’s own property and impairs an exemption.

Barzee v. Trammel (In Re Trammel) · filed 1986-08-01§ 522(f)

Clearly a debtor may avoid only those liens fixed on the debtor’s own property. Further, said liens are only avoidable to the extent that they impair an exemption.

Section 522(f) does not permit a debtor to avoid the purchase-money portion of a lien merely because the underlying loan was refinanced; the purchase-money character survives to the extent of the original balance.

Billings v. Avco Colorado Industrial Bank (In Re Billings) · filed 1986-08-18§ 522(f)

To the extent of that balance, the purchase money security interest also survives, because what is owed under the original note is not cancelled, but merely transferred to, the new note. Consequently, the refinancing changes neither the character of the balance due under the first loan nor the security interest taken under it.

Section 522(f) allows lien avoidance only when the lien impairs an exemption available under § 522(b), and it is not a separate exemption statute.

Petro Bank, N.A. v. Graham (In Re Graham) · filed 1986-09-10§ 522(f)

The Code makes clear that the avoidance provisions available under § 522(f) are available to debtors seeking to avoid a lien only to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection § 522(b). Section 522(f) is therefore dependent upon whether a debtor may be legally entitled to an exemption under § 522(b). Section 522(f) is not a separate exemption statute.

Section 522(f) gives the bankruptcy court exclusive federal authority to avoid qualifying liens, so state law cannot limit that power.

In Re Pelter · filed 1986-09-12§ 522(f)

Congress provided the court with the power to avoid certain liens on specified property. Congress retains exclusive authority to determine the extent of the court’s lien avoidance powers.

Section 522(d) is unavailable in Louisiana, so a Louisiana debtor may exempt only property allowed by Louisiana law or by federal law outside the federal “laundry list.”

Matter of Young · filed 1986-07-11§ 522(d)

Therefore, a Louisiana debtor is only entitled to exempt that property from the bankruptcy estate that is exempted under Louisiana law and federal law other than the federal laundry list.

Section 522(b)(2) incorporates state homestead exemption law into the federal bankruptcy exemption scheme, making Texas rules invalidating certain homestead liens enforceable in bankruptcy.

In Re Howard · filed 1986-09-08§ 522(b)(2)

Thus, the Texas homestead laws regarding the invalidity of liens that are not purchase money, tax, or improvements liens are enforceable in a bankruptcy case, by virtue of § 522(b)(2), against individuals, corporations, private institutions and ... federal agencies.

A judicial lien may be avoided under § 522(f)(1) to the extent it impairs the debtor’s exemption, regardless of the chronology of the judicial lien and later secured debt.

In Re Green · filed 1986-09-09§ 522(f)(1)

and holds that irrespective of the chronology in which secured debt and judicial liens are incurred, the judicial liens are subject to avoidance under 11 U.S.C. Section 522(f) to the extent that such judicial liens impair debtor’s exemption.

Section 522(b)(2)(B) addresses whether entireties property is exempt from the estate under applicable nonbankruptcy law.

In Re Spain · filed 1985-12-02§ 522(b)(2)(B)

This property presumably would not pass to or be available to the trustee.

Section 522(b)(1) permits a debtor to exempt property under the federal or applicable state scheme, but a state’s opt-out prevents use of the federal exemptions.

In Re Nygard · filed 1985-12-10§ 522(b)(1)

California is one of the states which has enacted legislation prohibiting its residents who file bankruptcy petitions from using the federal exemptions.

Section 522(f) voids a qualifying lien on the property listed by priority items 1 through 9 when the lien impairs the debtors’ exemptions.

In Re Case · filed 1986-10-01§ 522(f)

ORDERED that the lien of the Bank is voided under 11 U.S.C. § 522(f) as to the property listed as priority item Nos. 1 through 9, ... and that the Debtors may redeem priority item No. 10, ... by paying to the Bank the sum of $675.00.

Section 522(c) permits a valid unavoidable lien to pass through bankruptcy and be enforced against exempt property even though the debtor’s personal liability is discharged.

In Re Cotterman · filed 1986-12-03§ 522(c)

may be enforced against exempt and non-exempt property of the debtor.

Section 522(b)(2)(A) fixes exemption eligibility at the original chapter 11 filing date when the case is later converted to chapter 7.

In the Matter of Clyde William Williamson · filed 1986-12-02§ 522(b)(2)(A)

We find that the language of the Bankruptcy Code controls and that language indicates that where a case is converted from chapter 11 to chapter 7, exemptions are determined as of the chapter 11 filing date.

For a case converted from chapter 11 to chapter 7, § 522(b)(2)(A) measures exemption eligibility under the law applicable on the original chapter 11 filing date.

Stinson v. Williamson · filed 1986-12-02§ 522(b)(2)(A)

Because we find the reasoning behind that holding inappropriate here, we conclude that Williamson’s eligibility for a homestead exemption must be determined as of his original chapter 11 filing date.

Section 522(b)(2)(B) permits an exemption to the extent state law shields a tenancy by the entirety from particular forms of process, so attachment may remain while immediate levy is barred.

In Re Furkes · filed 1986-09-23§ 522(b)(2)(B)

Inasmuch as Rhode Island law, which measures the nature of the property interest, immunizes tenancies by the entirety from the grasp (but not the reach) of a creditor until such time as the debtor outlives the non-debtor spouse, the appellant is entitled to a § 522(b)(2)(B) exemption for his Dudley Avenue property to this limited extent.

Under § 522(b)(1), a state’s exemption law measures the exemptions available in bankruptcy, which protect the debtor’s property from the estate rather than from seizure under state law.

In Re Cooley · filed 1986-09-30§ 522(b)(1)

The federal bankruptcy exemptions, though measured by state law in Alabama pursuant to 11 U.S.C. § 522(b)(1) and Ala. Code § 6-10-11 (1980) (under the so-called “opt-out” provision), are exemptions of the debtor from property of the estate, as distinguished from exemptions from seizure under state law.

A debtor who voluntarily conveys the property interest before the bankruptcy case cannot claim an exemption in that property under § 522(g)(1)(A).

In Re Snyder · filed 1986-09-30§ 522(g)(1)(A)

The debtor has no right to an exemption in such property because of his voluntary conveyance, 11 U.S.C. § 522(g)(1)(A).

A claim for lost future earning ability may qualify as exempt under § 522(d)(11)(E), but it first enters the bankruptcy estate and remains there unless the debtor claims the exemption.

Boucher v. Exide Corp. · filed 1986-10-16§ 522(d)(11)(E)

Thus, even though the claim for lost earning ability may have constituted exempt property under § 522, it was initially included in the bankruptcy estate.

When a state opts out of the federal exemptions, state law defines the property that may be exempt and therefore subject to lien avoidance under § 522(f).

Lanzoni v. ITT Financial Services (In Re Lanzoni) · filed 1986-10-17§ 522(f)

Congress intended that when a state “opted out” of the federal exemptions, the property which could be set aside as exempt, and thus, the property in which a lien could be avoided under 11 U.S.C. § 522(f), would be defined by state law.

Section 522(f)(2)(B) permits a debtor temporarily out of farming to avoid a nonpossessory lien on tractors that are tools of the trade needed to resume farming.

In Re Janz · filed 1986-10-17§ 522(f)(2)(B)

Simply because the Debtor is now engaged in the trucking business, as a principal means to put bread on the table, does not disqualify them from avoiding the bank’s liens in tractors which the Debtors need to resume a farming operation even if on a limited basis.

Section 522(f)(1) permits a debtor to avoid a judicial lien impairing an exemption even when the debtor has no equity in the property.

Bernstein v. Held (In Re Bernstein) · filed 1986-10-25§ 522(f)(1)

Since Dern’s lien is a judicial lien, it may be avoided under 11 U.S.C. Section 522(f)(1) even if the debtor lacks any equity interest in the property.

When debtors choose the Texas exemptions under § 522(b), farm equipment subject to a valid consensual lien is not exempt from the bankruptcy estate.

Texas American Bank/Levelland v. Rodgers (In Re Rodgers) · filed 1986-11-12§ 522(b)

The farm equipment is not exempt from the bankruptcy estate nor may debtor avoid the lien on it.

Section 522 allows debtors to claim exemptions, but an opt-out state may require the court to apply state exemptions instead of the federal exemptions in § 522(d).

Ernst v. O'Brien (In Re O'Brien) · filed 1986-11-14§ 522(d)

Because Iowa has “opted out” of the federal exemption scheme contained in 11 U.S.C. § 522(d) by its enactment of Iowa Code § 627.10 (1985), the Court must look to the Code of Iowa to determine if the life insurance policy at issue may be claimed as exempt.

Section 522(b) permits a debtor to choose exemptions available under state and federal non-bankruptcy law instead of the Bankruptcy Code exemptions.

Bloom v. Robinson (In Re Bloom) · filed 1986-12-02§ 522(b)

This exemption may be chosen as part of the exemptions available under state and federal non-bankruptcy law, as opposed to those exemptions set forth in the Bankruptcy Code.

A mobile home used as a residence is not household furnishings or household goods under § 522(f)(2)(A), so a valid perfected lien on it cannot be avoided.

In Re Snyder · filed 1986-12-11§ 522(f)(2)(A)

Congress did not intend for debtors to avoid liens on property used as a residence under § 522(f)(2) and we find accordingly.

Section 522(f)(1) does not apply to property subject to a prepetition judicially imposed constructive trust.

In Re Dudley · filed 1986-12-31§ 522(f)(1)

I conclude, therefore, that § 522(f) is not applicable to the property subject to the constructive trust and, for that reason, the debtors’ motion is denied.

Section 522(b)(1) permits a state to opt out of the federal exemptions and establish its own bankruptcy exemption standards.

In re Conzelman · filed 1987-01-21§ 522(b)(1)

By a clear reading of the statute, Congress elected in Section 522(d) to allow the states to opt out of the federal exemption statutes and establish their own standards for exemptions so as to fulfill the fresh start policy of the Bankruptcy Code.

A debtor may avoid postpetition restitution payments under §§ 522(h) and 522(g)(1) when the payments were involuntary because they were made under threat of incarceration.

Commonwealth, Department of Public Welfare v. Johnson-Allen (In Re Johnson-Allen) · filed 1987-01-23§ 522(h), § 522(g)(1)

The mere possibility that incarceration would result if the payments were not made we hold to be sufficient to render the payments involuntary.

Section 522(f)(2)(B) does not permit avoidance of a lien because cattle that are not exempt property under state law cannot support the avoidance.

Eakes v. Farmers Home Administration (In Re Eakes) · filed 1987-01-26§ 522(f)(2)(B)

Since the cattle are not exempt property, the FMHA lien on the 14 cattle cannot be avoided under 11 U.S.C. § 522(f)(2)(B).

Section 522(d)(10)(E) limits retirement-plan exemption to funds reasonably necessary for support, and the court found 30% exempt on these facts.

In Re Woodford · filed 1987-01-26§ 522(d)(10)(E)

When all factors are considered, the Court believes 30% of the funds currently held on account are exempt and beyond the reach of the Trustee.

Section 522(h) permits debtors to attack a defective security interest in the trustee’s stead when the trustee does not pursue avoidance.

In Re Morrison · filed 1987-01-29§ 522(h)

The Debtors, as parties to the mortgage and the Notes, could not successfully attack the validity of the mortgage solely due to defects in its recording, at least not unless they were proceeding, in the shoes of the Trustee, pursuant to 11 U.S.C. §§ 522(h), 522(g)(1), and 544.

Section 522(b) lets a state opt out of the federal exemption scheme and substitute its own exemptions.

In Re Sanders · filed 1987-01-29§ 522(b)

Section 522(b) of the Bankruptcy Code allows a state to “opt out” of the federal exemption scheme and to substitute its own scheme of exemptions.

Section 522(b) permits exemption of the debtor’s tools, and § 522(f) permits avoidance of the nonpurchase-money security interest and judicial lien impairing that exemption.

County Banking & Trust Co. v. Kapp (In Re Kapp) · filed 1987-02-02§ 522(b), § 522(f)

The appellees’ property is therefore subject to an exemption under 11 U.S.C. § 522(b). The liens are avoidable under 11 U.S.C. § 522(f).

A chapter 13 debtor may use § 522(f) to avoid a judicial lien, but only after the creditor has received what it is entitled to under a confirmed plan.

In re Bowers · filed 1987-02-04§ 522(f)

A creditor’s judicial lien, accordingly, should be avoidable under § 522(f) only after the creditor has received what it is entitled to under a confirmed plan.

Section 522(f) permits lien avoidance only to the extent the lien impairs an exemption available under § 522(b).

McCall v. Barnett Bank of Columbia County (In Re McCall) · filed 1987-02-13§ 522(f)

Under Section 522(f) of Title 11, “the debtor may avoid the fixing of a lien on an interest of the debtor in property to the extent that such lien impairs an exemption to which the debtor would have been entitled under subsection (b)....”

Section 522(d)(7) and (8) protect ownership and cash-value interests in a life-insurance policy, while § 522(d)(11) protects beneficiary interests in insurance proceeds.

In Re Poynor · filed 1987-01-15§ 522(d)(7), § 522(d)(8), § 522(d)(11)(C)

Paragraphs (7) and (8), similar to § 541(a)(1), are designed solely to protect the ownership interests and cash value in a life insurance policy. On the other hand, paragraph (11), similar to § 541(a)(5), is designed to protect the beneficiary interests in a life insurance contract.

Section 522(d)(11)(E) permits an exemption for a payment compensating the debtor for loss of future earnings, to the extent reasonably necessary for support.

In Re Simon · filed 1987-02-10§ 522(d)(11)(E)

allow an exemption for a payment in compensation for a loss of future earnings, to the extent reasonably necessary for the support of the debtor and any dependants.

When a debtor elects the state exemption scheme under § 522(b), the merits of the homestead exemption are governed by the chosen state’s law.

In Re Osborn · filed 1994-12-30§ 522(b)

The merits of the claimed homestead exemption are governed by Texas law since the Debtors elected the state exemption scheme authorized by the Bankruptcy Code.

Section 522(b) prohibits stacking state and federal exemptions, while the exemptions in § 522(d) remain available because California did not validly opt out.

In Re Lennen · filed 1987-02-19§§ 522(b), 522(d)

California has not validly opted out of the federal bankruptcy exemptions of 11 U.S.C. section 522(d). These exemptions are still available to debtors, although stacking with state exemptions is prohibited by section 522(b).

Section 522(b) allows a debtor to claim applicable state-law exemptions from property otherwise included in the bankruptcy estate.

Huizar v. Bank of Robstown (In Re Huizar) · filed 1987-02-25§ 522(b)

Section 522(b) allows a Debtor to use applicable state law exemptions, as the Debtor did in this case.

Section 522(b)(1) permits a state to opt out of the federal exemption scheme in § 522(d).

In Re Heath · filed 1987-03-20§ 522(b)(1)

As permitted by 11 U.S.C. § 522(b)(1), Virginia has opted out of the federal exemption scheme set forth in § 522(d).

Section 522(b)(2)(A) allows bankruptcy debtors to exempt property that state law protects from civil execution.

In the Matter of Marie ERICKSON, Debtor-Appellee. Appeal of DORCHESTER STATE BANK · filed 1987-03-26§ 522(b)(2)(A)

Debtors in federal bankruptcy cases sometimes may exempt the property that states protect from civil execution. See 11 U.S.C. § 522(b)(2)(A).

Section 522(b)(1) permits a state to opt out of the federal bankruptcy exemptions, so South Carolina’s exemption law governs when the state has opted out.

In Re Shaffer · filed 1987-04-08§ 522(b)(1)

South Carolina has opted out of the bankruptcy exemptions set forth in 11 U.S.C. § 522.

Because Florida opted out of the federal exemptions in § 522(d), a debtor's exemptions are governed by Florida law.

In Re Conner · filed 1994-08-15§ 522(d)

Florida has opted out of the federal exemption scheme provided in § 522(d), thus debtor’s right to exempt property from the estate is controlled by Florida law.

Section 522(b) allows a state to opt out of the federal bankruptcy exemptions and provide its own exemptions for bankruptcy debtors.

In Re Pladson · filed 1994-09-13§ 522(b)

Under the Code, however, states are given the authority to "opt-out" of the federal bankruptcy exemption scheme and enact their own exemptions for bankruptcy debtors. 11 U.S.C. Sec. 522(b) (1988).

Section 522(b) allows a state to opt out of the federal exemption scheme, so the state's own exemption law governs the debtor's exemptions.

In Re Thomas · filed 1994-09-21§ 522(b)

The Code, § 522(b), further provides that states can opt out of the federal exemption law.

When a state opts out of the federal exemption scheme, debtors domiciled there receive the state-defined exemptions rather than the federal list.

In Re Feldman · filed 1994-09-07§ 522(b)(1)

Debtors domiciled in these states have available an exclusive list of state-defined, rather than federal, exemptions.

Section 522(b)(2)(A) allows a debtor to elect state-law exemptions, requiring the bankruptcy court to apply state law to interpret the claimed exemption.

In Re Nerios · filed 1994-09-02§ 522(b)(2)(A)

Since they chose the state exemptions, the bankruptcy court must look to state law for an interpretation of state homestead exemption rights.

Section 522(d) permits states to opt out of the federal exemption scheme, so Missouri debtors may not claim the federal exemptions listed in § 522(d).

In Re Barnes · filed 1995-02-03(d)

The Bankruptcy Code 11 U.S.C. § 522(d) permits states to opt out of the Federal exemptions.

The court describes § 522(b) as allowing a state to opt out of federal exemptions and establish its own exemptions.

Kapila v. Beahm (In Re Beahm) · filed 1995-02-24§ 522(b)

since under § 522(b) of the Bankruptcy Code, a state can choose to “opt out” of the exemptions provided by federal law and choose instead to set their own allowable exemptions).

Section 522 permits a debtor to exempt certain property and allows a state to replace the federal exemption scheme with state law.

Teasdale v. Frederick (In Re Frederick) · filed 1995-05-18(d)

However, pursuant to 11 U.S.C. § 522, a debtor may exempt certain property from the estate. The bankruptcy code allows states to opt out of the federal exemption scheme and substitute state law to govern the debtor’s exemptions. 11 U.S.C. § 522(d).

Section 522(b) allows exemptions from estate property, § 522(b)(2)(A) permits applicable state-law exemptions, and Virginia's opt-out made the federal exemptions under § 522(d) unavailable.

In Re Heater · filed 1995-11-07(b), (b)(2)(A), (d)

Section 522 outlines a federal exemption scheme, and also permits states to “opt out” of the federal scheme by creating state law exemptions.

Louisiana may opt out of § 522(d), limiting Louisiana debtors to Louisiana-law exemptions.

In Re Brown · filed 1996-01-31(b)(2)(A)

A state, however, may “opt out” of the federal exemptions available to the debtor under § 522(d) and limit the debtor’s right to claim the federal exemptions as an alternative to those provided under state law.

Section 522(b) permits a state that has opted out of the federal exemption scheme to require debtors in bankruptcy to use the state's exemptions.

Hoffman Farms v. Pokela (In Re Hoffman Farms) · filed 1996-04-18(b)

Because South Dakota has opted out of the federal bankruptcy exemption scheme, South Dakota’s exemptions apply in federal bankruptcy proceedings.

Section 522(b) permits exemptions, but when a state opts out of the federal scheme, the debtor must use the exemptions available under that state’s law.

In Re Zais · filed 1996-11-14§ 522(b)

Section 522(b) of the Bankruptcy Code entitles a debtor to exempt certain property of the estate. Illinois chose to opt out of the federal exemption scheme. 735 ILCS 5/12— 1201. Therefore, a debtor is only entitled to claim the exemptions available under Illinois law.

Section 522(b) allows a state to opt out of the federal exemptions in § 522(d), limiting its residents to exemptions available under state law.

In Re Wilbur · filed 1997-03-17§ 522(b)

Section 522 allows a state to opt out of the federal exemptions-provided for in subsection 522(d) and limit its residents to those exemptions provided under the state law. 11 U.S.C. § 522(b).

Section 522(b) lets a state opt out of the federal exemptions in § 522(d), so a debtor in that state uses the state’s authorized exemptions instead.

Case name unavailable · filed 1997-09-15(b), (d)

The Bankruptcy Code authorizes a debtor in bankruptcy to exempt from the bankruptcy estate either the property listed in 11 U.S.C. § 522(d) or, if the state elects to opt out of that provision, property exempted by the state.

Section 522(b) permits Ohio to opt out of the federal exemption scheme, so Ohio's exemption law governs the debtor's IRA exemption.

Hamo v. Wilson (In Re Hamo) · filed 1999-05-24(b)

Ohio has opted out of the federal exemptions, pursuant to 11 U.S.C. § 522(b).

Under 11 U.S.C. § 522(b), a state may opt out of the federal exemptions and limit its residents to exemptions provided by state law.

In Re Bundy · filed 1999-06-2111 U.S.C. § 522(b)

Furthermore, § 522 allows a state to opt out of the federal exemptions and limit its residents to those exemptions provided under the state law.

Under § 522(b) and (m), when a state opts out of the federal exemptions, § 522(m) does not require separate exemptions for joint debtors, so the debtors are limited to one homestead exemption under Nevada law.

Rowe v. Jackman (In Re Rowe) · filed 1999-07-09(b), (m)

Bankruptcy Code § 522(m) provides that exemptions may apply separately to each debtor in a joint bankruptcy case. See 11 U.S.C. § 522(m) (West 1998). However, subsection (m) does not apply where a state has opted out of the federal exemptions.

Section 522 allows a debtor to claim exemptions from the bankruptcy estate and permits a state to opt out of the federal exemptions in favor of state-law exemptions.

In Re Moody · filed 1999-11-09

Section 522 of the Bankruptcy Code permits a debtor to claim certain property as exempt from the bankruptcy estate. 11 U.S.C. § 522 (West 1999). Section 522 also permits a state to opt out of the federal exemptions and limit its residents to those provided under state law.

The court treated Colorado’s opt-out from § 522(d) as making state exemption law controlling.

Debias v. Zeman · filed 1999-11-15(d)

Colorado has “opted-out” of the exemption provisions contained in 11 U.S.C. § 522(d), and exemptions are determined according to state law.

Section 522(b) allows an opt-out state to replace the federal exemptions with its own exemptions and prescribe the procedures for claiming them.

In Re: Quy Van Nguyen, Debtor. Robert G. Mayer, Trustee-Appellant v. Quy Van Nguyen, Debtor-Appellee · filed 2000-04-28(b)

However, Section 522(b) of the Bankruptcy Code permits a state to opt out of the federal scheme of exemptions provided in section 522(d), in which case the exemptions available to a debtor are specified by state law. The longstanding consensus in this circuit is that when Congress allowed the states to specify bankruptcy exemptions, it permitted the states to determine both the substance of those exemptions and the procedure by which they are claimed.

Section 522(b)(2) permits a debtor in a state that has opted out of the federal exemptions to claim only exemptions available under applicable nonbankruptcy federal and state or local law; an individual retirement annuity not exempt under Iowa law therefore cannot be exempted from the bankruptcy estate.

Huisinga v. Kemmerer (In Re Kemmerer) · filed 2000-07-26(b)(2)

Pursuant to Section 522(b) of the Bankruptcy Code, a debtor may exempt from property of the estate either. (1) certain property listed in Section 522(d) of the Bankruptcy Code, or (2) property which is exempt under applicable non-bankruptcy federal law and the state and local laws of the place where the debtor has been domiciled for the longest portion of the 180 days preceding the bankruptcy filing. A state may opt out of the exemptions enumerated in Section 522(d) of the Bankruptcy Code, in which case a debtor whose domicile is in such state is limited to the exemptions applicable under non-bankruptcy federal law and the laws of such state and locality. 11 U.S.C. § 522(b)(1). ... The-Debtor therefore cannot exempt his interest in the Equi-Select Account from property of his bankruptcy estate pursuant to 11 U.S.C. § 522(b)(2).

Section 522(b)(2)(A) lets a state opt out of the federal exemption scheme and enact its own exemptions, including an alternative limited exemption for retirement benefits.

Phillips v. Bottoms · filed 2000-12-15(b)(2)(A)

Those decisions have recognized that the Bankruptcy Code envisioned a joint federal-state partnership in the determination of the exemptions which are appropriate to a particular locale, and thus, in 11 U.S.C. § 522(b)(2)(A), provided the states with the authority to “opt out” of the federal scheme by enacting state laws governing the availability of exemptions from a debtor’s estate.

When a state opts out of the Bankruptcy Code’s exemption scheme, § 522(b)(2) requires bankruptcy courts to apply that state’s exemption statutes.

Abernathy v. John v. LaBarge, Jr. · filed 2001-03-08(b)(2)

Primarily, we reject the Trustee’s position because, since Missouri opted out of the Bankruptcy Code’s exemption scheme, we are required to apply the Missouri exemption statutes in bankruptcy cases. See 11 U.S.C. § 522(b)(2).

Section 522(b) permits a state to opt out of the federal exemption scheme and require debtors to use state exemptions.

In Re Longmore · filed 2001-05-17(b)

Pursuant to N.R.S. § 21.090(3) and as permitted by 11 U.S.C. § 522(b), Nevada has opted out of the federal exemption scheme.

Section 522(d) federal exemptions are unavailable in Alabama because the state has opted out of the federal exemption scheme.

In Re Poffenbarger · filed 2002-03-25(d)

Since Alabama has “opted out” pursuant to Code § 6-10-11, a debtor is required in an Alabama bankruptcy proceeding to chose only those exemptions set out in the Alabama law and in any other applicable federal law, and a debtor is not allowed the exemptions set out in 11 U.S.C. § 522(d).

Section 522(d) exemptions do not apply when a state has opted out, and § 522(m) applies the exemption provisions separately to each debtor in a joint case.

Schilling v. Tran · filed 2002-12-02(d), (m)

Pursuant to KRS 427.170, Kentucky has opted out of the exemptions afforded debtors under 11 U.S.C. § 522(d). Thus, the bankruptcy court correctly looked to KRS 427.010 for the motor vehicle exemption under Kentucky law. ... The court need only conclude that both Long Tran and Khanh Phan own the vehicle to determine that they are each entitled to claim an exemption in bankruptcy. ... A number of other jurisdictions permit co-owners to claim individual exemptions, and we find nothing in the Bankruptcy Code to preclude this. ... 11 U.S.C. § 522(m)(Subject to the limitation in subsection (b), this section shall apply separately with respect to each debtor in a joint case.”).

Section 522(d) provides federal bankruptcy exemptions that a debtor may claim unless applicable state law specifically denies them.

In Re Walley · filed 1981-01-21(d)

This Court is of the opinion, therefore, that the debtor is entitled to the exemptions allowed by Section 522(d) of the Bankruptcy Code, since the law of the State which applies to the case does not specifically deny to her, as a non-resident, the federal exemptions.

Section 522(b) lets a state opt out of the federal exemptions in § 522(d) without eliminating the remaining provisions of § 522.

In Re Arnold · filed 1983-10-19(b)

While it is true that 11 U.S.C. § 522(b) authorizes a state to “opt-out” of the federal exemption scheme articulated in § 522(d), and thus to supersede such subsection, it does not impair the continued vitality of the remaining subsections of § 522.

Section 522(d)'s federal exemptions do not apply when a state opts out under § 522(b)(1).

In Re Love · filed 1985-10-28(d)

Congress has explicitly directed that a state can choose to declare § 522(d)’s exemptions inapplicable to its citizens.

When a state opts out of the federal exemption scheme under § 522(b)(2)(A), § 522(m)'s rule making federal exemptions available to both debtors in a joint case does not require the state to provide its own exemptions to both debtors.

Bankr. L. Rep. P 71,985 in Re Steve and Jo Ann Stevens, Debtors v. Pike County Bank v. A.L. Tenney, Trustee · filed 1987-09-29(m), (b)(2)(A)

We agree with the district court that when a state opts out of the federal exemption scheme, it is not required to make the state exemptions available to both debtors in a joint petition.

Section 522 allows a state to opt out of the Bankruptcy Code's exemptions and establish its own exemptions and requirements.

Crossroads of Hillsville v. Payne · filed 1995-03-14

Under 11 U.S.C. § 522 (West 1993), a state may allow its residents to claim exemptions set out in the Bankruptcy Code or the state may establish its own exemptions. Virginia has decided to opt out pursuant to § 522 and set up its own exemptions and requirements for claiming the exemptions.

Section 522(b) permits a state to opt out of the federal bankruptcy exemptions, so state law governs exemptions in an opt-out state.

In Re Simmons · filed 2004-04-20(b)

Therefore, state law governs the propriety of this exemption claim.

Section 522 allows a state to opt out of the federal exemption scheme and require debtors to use exemptions provided by state law or federal non-bankruptcy law.

Harder v. Hartford Life Insurance (In Re Bonuchi) · filed 2005-03-22

Section 522 of the Bankruptcy Code provides for exemptions which a debtor may claim from property of the estate, but provides a state with the opportunity to “opt out” of the federal exemption scheme and provide for its own exemptions. ... Missouri has “opted out” of the federal scheme, thus requiring a debtor to clam only those exemptions allowed under state law or federal non-bankruptcy law.

Section 522(b)(2)(A) permits states to opt out of the federal bankruptcy exemption scheme and use their own exemptions.

In Re Stewart · filed 2006-04-05(b)(2)(A)

allows states to opt out of the federal exemption scheme and utilize their own exemptions.

Section 522(b)(2) allows a state to opt out of the federal exemptions in § 522(d) and require debtors to use the state’s exemption scheme.

In Re Combes · filed 2008-02-19(b)(2)

Section 522(b) of the Bankruptcy Code provides that a debtor may exempt certain property from the bankruptcy estate. Section 522(d) provides a list of the property that may be exempted. However, § 522(b)(2) allows a state to prohibit a debtor from claiming the exemptions listed in § 522(d) and require a debtor to apply that state’s own exemption scheme. 11 U.S.C. § 522(b)(2).

Section 522(b) permits a state to opt out of the federal bankruptcy exemptions and require its residents to use exemptions available under state law and non-bankruptcy federal law.

In re: Azbill v. · filed 2008-03-11(b)

A state can choose whether its residents may use the available federal exemptions set forth in 11 U.S.C. § 522, or use its own state exemptions. See 11 U.S.C. § 522(b). Kentucky has elected to opt-out of the federal exemptions, and debtors are only entitled to claim any exemptions allowable under state law and under non-bankruptcy federal law. See Ky. Rev. Stat. Ann. § 427.170; In re Beltz, 263 B.R. 525, 527-28 (Bankr. W.D. Ky. 2001).

Section 522(d)'s federal exemptions do not govern when a state has opted out of the federal exemption scheme; the state's exemption law applies.

In Re Gould · filed 2008-03-31(d)

Because California has opted out of the federal exemption scheme, State law governs the right to an exemption in this case. 11 U.S.C. § 522(d); CCP § 703.130.

Section 522(d) federal exemptions do not apply to Nevada residents because Nevada opted out of the federal exemption system; those residents are limited to exemptions under state or federal non-bankruptcy law.

Suter v. Goedert · filed 2008-10-16(d)

Nevada Revised Statute § 21.090(3) provides that "any exemptions specified in subsection (d) of § 522 of the Bankruptcy Act of 1978, 11 U.S.C. § 522(d), do not apply to property owned by a resident of this State unless conferred also by [Nevada law]”. States that have not opted out of the federal system allow their debtors to choose whether to take the state or federal exemptions. A debtor may then take either the state or the federal exemptions, but may not pick and choose between the two. States that have opted out of the federal system, such as Nevada, limit their citizens to exemptions available under state (or federal non-bankruptcy) law.

Section 522(b)(2) permits a state to opt out of the federal exemption scheme, in which case applicable state or local exemption law governs the debtor’s exemptions.

In Re Reardon · filed 2009-02-19(b)(2)

Section 522(b)(2)(A) applies state or local exemption law “that is applicable on the date of the filing of the petition at the place in which the debtor’s domicile has been located for the 180 days immediately preceding the date of the filing of the petition.” Pursuant to 11 U.S.C. § 522(b)(2), Montana has opted out of the federal exemption scheme by means of MCA § 31-2-106. ... Thus, the Court looks to state law rather than federal law to determine the allowance of the Debtor’s claimed exemption in her Van.

Section 522(b) permits a state to opt out of the federal exemptions in § 522(d) and require its residents to use exemptions available under state law.

Steffen v. United States (In Re Steffen) · filed 2009-04-27(b)

An individual is permitted to exempt property from the bankruptcy estate by claiming exemptions authorized by 11 U.S.C. § 522. Section 522 permits states to opt out of the federal exemptions provided for in subsection 522(d) and limit its residents to those exemptions provided for under state law. 11 U.S.C. § 522(b). The state of Florida has exercised this option. Fla. Stat. § 222.20 (2006).

Section 522(b)(2) makes federal exemptions unavailable only when the applicable state law specifically opts out; a state opt-out limited to residents does not bar a nonresident debtor from using the federal exemptions.

Camp v. Ingalls · filed 2011-01-21(b)(2)

Therefore, Florida’s opt-out statute, by its own express terms, does not apply to nonresident debtors, who remain eligible to use the federal exemptions because nothing in Florida law specifically disallows them from doing so.

Section 522(b)(3) permits debtors in a state that has opted out of the federal exemption scheme to claim the exemptions allowed by state law and the specified federal exemptions listed in the subsection.

In re Hall · filed 2012-01-06(b)(3)

While the Code contains a list of property which may be claimed as exempt, it also allows states to opt out of the federal exemption scheme in favor of its own. § 522(b)(3). Idaho has chosen to opt out, and thus debtors in this state may claim only those exemptions allowable under Idaho law, as well as those listed in § 522(b)(3).

Section 522(b) permits states to opt out of the federal bankruptcy exemption scheme and substitute state exemptions.

In re Joyner · filed 2012-08-07(b)

The purpose of the Georgia Bankruptcy Exemption Statute is to opt out of the federal exemption scheme in favor of state determined exemptions pursuant to 11 U.S.C. § 522(b). Because, in section 522(b), Congress expressly permitted states to opt out of the federal exemptions, the two statutes are not in conflict, the Supremacy Clause is not violated, and the Georgia Bankruptcy Exemption Statute is not preempted.

Section 522(b) permits states to opt out of the federal bankruptcy exemption scheme and substitute state exemptions, including a bankruptcy-only exemption that does not conflict with federal law.

In re Earned Income Tax Credit Exemption Constitutional Challenge Cases · filed 2012-08-02(b)

Because the Bankruptcy Code expressly accommodates the several states’ exemption schemes by allowing states to “opt out” of the federal exemptions in 11 U.S.C. § 522(b) and because this exemption will apply uniformly to all Kansas debtors in bankruptcy, the Act does not violate either the Bankruptcy or Supremacy Clauses.

Section 522(b)(2) permits a state to opt out of the federal exemption scheme and substitute its own exemptions, including a bankruptcy-only exemption for earned income tax credits.

Williamson v. Murray (In re Murray) · filed 2014-03-04(b)(2)

The Bankruptcy Code provides default rules defining exempt property, but § 522(b)(2) permits states to opt out of these rules and substitute their own. ... In this instance, Congress has permitted state legislatures to determine their own exemptions, and the Kansas legislature has deemed that a bankruptcy debtor’s fresh start should include the right to receive a tax refund attributable to the EITC.

Section 522(b) permits states to opt out of the federal exemptions in § 522(d) and provide their own bankruptcy exemptions under state law.

McFarland v. Wallace · filed 2014-09-10(b)

Here, Georgia law and federal law are not in conflict because Congress, through 11 U.S.C. § 522(b), expressly granted states the power to opt-out of the federal exemptions and provide for exemptions under state laws. Appellant’s Supremacy Clause argument therefore fails.

Section 522(d) provides federal bankruptcy exemptions, but debtors in a state that has opted out may not claim those exemptions.

In re Taylor · filed 2014-12-18(d)

Georgia “opted out” of the federal exemptions provided for in 11 U.S.C. § 522(d). Therefore. Georgia debtors are only permitted to exempt property under state law or federal law other than § 522(d).

Section 522(b)(3)(A) permits an opt-out state to define which state-law property exemptions are applicable to bankruptcy debtors and to restrict debtors to those exemptions.

McFarland v. Wallace · filed 2015-06-22(b)(3)(A)

A plain reading of § 522 does not, as McFarland alleges, allow a bankruptcy debtor to use a state exemption statute where the state itself has rendered the statute inapplicable. Rather, very near the opposite is true; states have been authorized to define and restrict the applicability of their bankruptcy exemptions. And this authorization does not “fail to provide a uniform application of the Bankruptcy Code in violation of the Bankruptcy Clause,” as McFarland asserts. Although the authorization is not absolute, its boundaries have not been overstepped here.

Section 522(b) permits states to opt out of the federal exemption scheme and substitute state exemptions, so state law governs a debtor's claimed state-created exemption.

In re Romero · filed 2015-06-24(b)

Section 522 contains a list of approved federal exemptions but also permits States the authority to “opt-out” from federal exemptions and substitute State exemptions instead. Colorado elected to “opt-out” from the federal exemption scheme.

Section 522(b)(2) authorizes a state to opt out of the federal bankruptcy exemptions in § 522(d), so state-law exemptions may govern instead.

In re Tallerico · filed 2015-06-30(b)(2)

That Congress was not intending to alter substantive nonbankruptcy law is apparent from the accommodations that Congress extended to state law in § 522(b). Not only did it permit state- . law exemptions always to be available in lieu of the new federal § 522(d) exemptions, it took the extraordinary step of authorizing states to forbid use of the federal exemptions. 11 U.S.C. § 522(b)(2). Such solicitude to state exemption law makes it implausible that Congress simultaneously secretly intended to preempt the state’s burden of proof.

Section 522(b)(2) allows debtors to choose exemptions under applicable state or federal law, subject to a state's decision to opt out of the federal exemptions; South Carolina has opted out.

In re Bycura · filed 2015-11-02(b)(2)

Section 522(b) provides that debtors can choose to exempt from property of the bankruptcy estate that property which is exempt under the applicable state or federal law. South Carolina has opted out of the federal exemptions. 11 U.S.C. § 522(b)(2).

Section 522(b)(3)(A) permits an Ohio-domiciled debtor to claim exemptions under relevant Ohio statutes and applicable nonbankruptcy federal law because Ohio has opted out of the federal exemptions in § 522(d).

In re Aubiel · filed 2015-07-22(b)(3)(A)

Thus, debtors domiciled in the state of Ohio may only claim exemptions under relevant Ohio statutes and under applicable non-bankruptcy federal law. 11 U.S.C. § 522(b)(3)(A).

Section 522(b) allows a state to opt out of the federal bankruptcy exemptions, in which case debtors must use the state's exemptions.

In re Kennedy · filed 2016-06-02(b)

Because Tennessee has “opted out” of the federal exemptions pursuant to 11 U.S.C. § 522(b), Debtor was required to use Tennessee exemptions.