11 U.S.C. § 522

Section 522(h) gives a debtor standing to avoid a transfer to the extent the debtor could have exempted the property under § 522(g)(1), including when the transfer was involuntary and the debtor did not conceal the property.

Morawski v. Effect Lake LLC · filed 2022-04-11(h), (g)(1), (d)(1)

Here, the Debtor neither concealed nor voluntarily transferred the Property. Likewise, the Debtor could have claimed an exemption in the Property under § 522(d)(1). Therefore, the ... Debtor can bring this avoidance action to recover the amount of her exemption under § 522(d)(1).

Section 522(h) permits a Chapter 7 debtor to use the trustee’s § 545 lien-avoidance power only to the extent the debtor could exempt the property.

Goebel v. United States (In Re Goebel) · filed 1993-02-16(h)

For example, 11 U.S.C. § 522(h) confers standing upon a debtor to invoke the trustee’s § 545 powers to the extent that the debtor could exempt the property involved. ... However, in the instant situation, the property was not claimed and not allowed as exempt. Accordingly, the Court finds that the Debtor lacks standing to file her motion to avoid the statutory tax lien under 11 U.S.C. § 545.

Section 522(h) allows a debtor to avoid certain transfers when the statutory conditions are met, including that the property could have been exempt.

Montoya v. Boyd (In Re Montoya) · filed 2002-10-09(h)

Taking this approach, a Chapter 13 debtor generally will not have standing to bring avoidance actions unless the debtor otherwise qualifies under 11 U.S.C. § 522(h), and the following circumstances are present: 1) the debtor’s transfer of property was involuntary; 2) the trustee did not attempt to avoid the transfer; 3) the debtor did not conceal the property; 4) the debtor seeks to exercise an avoidance power set out in 11 U.S.C. § 522(h); and the transferred property could have been exempted if the trustee had avoided the transfer under 11 U.S.C. § 522(g).

Section 522(h) lets a debtor use the trustee’s avoidance powers when the trustee has not avoided a lien only if the transfer creating the lien was involuntary.

United States v. Wood (In Re Peavy) · filed 1983-02-24(h)

Subsection (h) does permit the debtor to assume the avoidance powers available to the trustee under § 544 where the trustee has not avoided the lien, but subsection (h) gives avoidance powers to the debtor only if the transfer creating the lien was involuntary. ... The security agreement of the debtor embodied in the Guaranty which created the SBA lien on the cash proceeds from the sale of the Peavy residence was a voluntary transfer. ... As the debtor is unable to avoid the SBA’s lien extending to the whole of the fund in issue, he may not properly claim a $5,400.00 exemption in the proceeds under 11 U.S.C. § 522.

Section 522(g) limits a debtor’s exemption of property recovered by a trustee, while § 522(h) permits the debtor to avoid certain transfers when the trustee does not act.

Blehm Land & Cattle Co. v. Wilkins (In Re Blehm Land & Cattle Co.) · filed 1984-04-13(g) and (h)

Section 522(g) applies limitations on the rights of the “debtor” to exempt property recovered by the “trustee” under sections enumerated therein, including §§ 550 and 551. It imposes no limitations on the avoidance powers of the trustee.

Section 522(h) permits a Chapter 13 debtor to bring an action to avoid a transfer of property the debtor could have exempted if the trustee had avoided it.

Vega v. Asociacion Empleados del Estado Libre Asociado de Puerto Rico (In re Ortiz Vega) · filed 1987-07-08(h)

In view of the foregoing, it is hereby held that a Chapter 13 debtor may prosecute an action under § 522(h) of the Code.

Section 522(h) does not allow a Chapter 13 debtor to use the trustee’s avoidance power against a properly filed tax lien on exempt property.

Stangel v. United States (In Re Stangel) · filed 1998-04-17(h)

Since the hens in question are properly filed tax liens, the Court concludes that, in this case, the Debtor does not have standing to exercise the trustee’s § 545(2) avoidance power through § 522(h).

Section 522(h) is the only provision that lets a Chapter 13 debtor exercise a trustee’s avoidance powers, and it did not authorize this debtor to avoid her voluntarily granted lien.

In re Turner · filed 2013-04-02(h)

I conclude that a chapter 13 debtor cannot exercise a trustee’s avoidance powers except to the extent authorized by 11 U.S.C. § 522(h), a provision of no applicability here.

Section 522(h) does not permit a chapter 13 debtor to invoke the trustee’s avoidance powers for a voluntary transfer.

Deutsche Bank National Trust Co. v. Thompson (In re Thompson) · filed 2013-07-10(h)

In this case, after considering the issue, I agree with the majority of courts having considered the matter and find a chapter 13 debtor, standing alone, may not invoke the trustee’s statutory powers under § 544(a)(3) as a defense in a reformation action, except in the narrow confines of § 522(h) which is inapplicable in this case. ... In the current case, it is undisputed that the transfer was voluntary.

Section 522(h) provides a narrow exception allowing Chapter 13 debtors to exercise avoidance powers when its conditions are met.

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).

Section 522(h) lets a debtor avoid certain transfers of property but does not authorize a debtor to avoid an obligation.

Johnson v. 408 Richwood, LLC · filed 2019-09-20(h)

Section 522(h) does not authorize the debtor to avoid an obligation incurred by the debtor.

Section 522(b)(1) permits each state to opt out of the federal exemption scheme and require debtors to use state exemptions.

In Re Tignor · filed 1982-06-24§ 522(b)(1)

Although Congress created Federal exemptions for debtors, it gave each state the opportunity to opt out of the Federal exemption scheme and require debtors to use state exemptions in bankruptcy cases.

The federal exemptions under § 522(d) can cover a debtor’s unpaid wages.

Larson v. Olympic Finance Co. (In Re Larson) · filed 1982-06-25§ 522(d)

The federal exemptions under Section 522(d) were broad enough to allow debtor to exempt unpaid wages.

Section 522(h) permits a debtor to avoid a transfer under § 549(a) when the trustee does not attempt avoidance and the property could be exempted after avoidance.

Administrator of Veterans Affairs v. Bernard (In Re Bernard) · filed 1982-06-28§ 522(h)

Section 522(h) permits the debtor to avoid a transfer under § 549(a) if the trustee does not attempt to avoid that transfer and if the property could be exempted once the transfer is avoided.

Section 522(h) lets a debtor avoid an involuntary transfer of nonconcealed exempt property when the trustee could avoid it but has not done so.

Smith v. American Consumer Finance Corp. (In Re Smith) · filed 1982-06-30§ 522(h)

Section 522(h) therefore empowers the plaintiff in this case to stand in the shoes of the trustee and avoid this preferential transfer of her exempt homestead property.

Section 522(b) makes federal exemptions available unless the debtor’s state has opted out of them.

Kelley v. First Security National Bank & Trust Co. (In Re Kelley) · filed 1982-07-01§ 522(b)

the Bankruptcy Code provides that federal exemptions are available to any debtor unless the state where the debtor resides has opted out of the federal exemptions.

Section 522(d)(1) permits a debtor to claim a homestead exemption in both real and personal property.

Bezanson v. Kennebunk Savings Bank (In Re Ladd) · filed 1982-07-06§ 522(d)(1)

Thus, the federal exemption would permit a debtor to claim his homestead exemption in both realty and personalty.

Section 522(h) does not permit avoidance of a voluntary transfer because § 522(g)(1) limits that power to involuntary transfers.

Lucas v. Fayette (In Re Lucas) · filed 1982-07-09§ 522(h), § 522(g)(1)

This Court would find that debtors voluntarily transferred the property and therefore lack any avoiding power as to a preference.

Section 522(f)(1) allows a debtor to avoid a judicial lien to the extent it impairs an exemption.

Coffey v. Southeastern Energy, Inc. (In Re Coffey) · filed 1982-07-12§ 522(f)(1)

Thus, Southeastern’s judicial lien may be avoided by the debtors if such lien impairs an exemption to which they are entitled.

Under § 522(b)(1), property claimed as exempt becomes exempt when no timely objection is filed.

In Re Snow · filed 1982-07-13§ 522(b)(1)

No timely objection to this claim of exemption was made by any interested party and, therefore, pursuant to 11 U.S.C. Section 522(b)(1), this property is deemed to be exempt.

Section 522(f)(1) permits avoidance of a judicial lien impairing an exemption in otherwise exempt property.

Weiman v. Stopher (In Re Weiman) · filed 1982-07-14§ 522(f)(1)

which permits the debtor to avoid any judicial lien on property that impairs the debtors’ exemption.

Section 522(h) allows a debtor to avoid an otherwise avoidable transfer when the transferred property could have been exempted and the trustee does not pursue avoidance.

Coleman v. Home Savings Ass'n (In Re Coleman) · filed 1982-07-15§ 522(h)

§ 522(h) pertaining to exemptions gives the debtor the right to avoid a transfer to the extent that the debtor could have exempted the property which was the subject of the transfer if such transfer is avoidable under §§ 544, 545, 547, 548, 549 or 724(a) and the trustee does not attempt to avoid such transfer.

Section 522(f)(2)(A) permits avoidance of a nonpossessory, nonpurchase-money security interest in qualifying household goods to the extent it impairs an exemption, including a state-law exemption.

Eldridge v. Commercial Credit Corp. (In Re Eldridge) · filed 1982-07-20§ 522(f)(2)(A)

A debtor who takes a state exemption in household goods is still entitled under 11 U.S.C. § 522(f)(2) to avoid a lien in such property to the extent the exemption is allowed by the state.

Section 522(f) permits avoidance of nonpossessory, nonpurchase-money security interests only in specified property categories.

Auburn Federal Credit Union v. Roberts (In Re Roberts) · filed 1982-07-20§ 522(f)

That section permits avoidance of nonpossessory, nonpurchasemoney security interests in household goods, tools of the trade and certain health aids.

Section 522(f) contains no filing deadline for lien-avoidance complaints, and permitting a later filing is discretionary.

In Re Beneficial Finance Co. of Virginia · filed 1982-07-25§ 522(f)

None exists; it is an exercise of discretion.

Section 522(f) treats subordinate mortgage and tax liens as judicial liens subject to avoidance when subordinate to antecedent judgment liens.

First National Bank of Pennsylvania v. Acklin (In Re Acklin) · filed 1982-07-25§ 522(f)

U.S.C. § 522(f) must be treated as judicial liens within the meaning thereof when as here they are subordinate to antecedent judgment or other liens not excepted in the above quoted provisions of the Pennsylvania Judicial Sales Statute.

Section 522(f) does not permit avoidance of a purchase-money lien when a later agreement merely changes payment terms without terminating the original transaction.

In Re Georgia · filed 1982-07-26§ 522(f)

the original agreement is not terminated.

Section 522(f) does not permit a Louisiana debtor to avoid a chattel mortgage on household goods that state law makes ineligible for exemption under § 522(b).

In Re Georgia · filed 1982-07-26§ 522(f)

the chattel mortgages the debtors in the cases sub judice wish to avoid do not impair an exemption to which they would have been entitled under section 522(b).

In a joint bankruptcy case, § 522(m) permits each debtor to claim the exemption available under state or federal law.

In Re Rizzo · filed 1982-07-27§ 522(m)

The clear meaning of this provision is that in a joint case, the husband and the wife may each claim the exemption that State or Federal law grants to either of them.

Section 522(f)(1) does not permit avoidance of a judicial lien that did not encumber the debtor’s newly acquired property interest.

McCormick v. Mid-State Bank & Trust Co. (In Re McCormick) · filed 1982-07-30§ 522(f)(1)

Since Carole McCormick took a new interest subject to Mid-State’s liens, the liens did not encumber her new interest and may not be avoided.

Section 522(f)(2)(B) permits avoidance of a qualifying lien on tools of trade, but a pickup used by an automobile mechanic for transportation was not a reasonably necessary tool of that trade.

Maricle v. Home Federal Savings & Loan Ass'n (In Re Maricle) · filed 1982-08-04§ 522(f)(2)(B)

While it is properly exempted under the “wild card” provisions of § 522(d)(5), it is not a tool or implement of the debtor’s trade.

Section 522(f)(1) applies to judicial liens held by state governmental creditors in the same way it applies to other creditors.

Gardner v. Pennsylvania · filed 1982-08-11§ 522(f)(1)

Governmental creditors are for most purposes treated like other creditors, and there is no suggestion that the exemption provisions in section 522 are to apply to such creditors differently.

Section 522(f) applies in Chapter 13 proceedings and permits avoidance of qualifying liens that impair an exemption.

Baldwin v. Avco Financial Services · filed 1982-08-16§ 522(f)

I hold that the Bankruptcy Court erred in ruling that section 522(f) does not apply to Chapter 13 proceedings, and will remand to the Bankruptcy Court for further proceedings in conformance with this opinion.

Section 522(f)(2)(A) applies only to nonpossessory, nonpurchase-money security interests, not purchase-money liens.

In Re Schwartz · filed 1982-08-17§ 522(f)(2)(A)

Therefore, Section 522(f) may not be used by this debtor against Sears to avoid its security interest in his washer and dryer.

Section 522(h) allows a debtor to pursue an avoidable involuntary transfer when the trustee does not act and the debtor could exempt the property under § 522(g)(1).

In Re Fagan · filed 1982-08-17§ 522(h)

If the trustee does not pursue an avoiding power to recover a transfer of property that would be exempt, the debtor may pursue it and exempt the property, if the transfer was involuntary and the debtor did not conceal the property.

Section 522(f)(1) permits a debtor to avoid an impairing judicial lien, but the avoidance is not automatic and must be sought through an adversary proceeding.

Penco Corp. v. Andrews (In Re Andrews) · filed 1982-08-17§ 522(f)(1)

This provision is permissive, not automatic. ... Bankruptcy Rule 701(3) requires the institution of an adversary proceeding to determine the validity, priority or extent of a lien or any other interest in property.

Section 522(f) permits avoidance of a judicial lien to the extent it impairs an exemption available under § 522.

Branton v. General Electric Credit Auto Lease, Inc. (In Re Branton) · filed 1982-08-20§ 522(f)

Under § 522(f) of the Bankruptcy Code 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) of § 522.

Section 522(d)(1) requires exempted real or personal property to be used as a residence or burial plot for the debtor or a dependent.

Brown v. Dellinger (In Re Brown) · filed 1982-08-27§ 522(d)(1)

§ 522(d)(1) which requires that the real or personal property interest of the Debtor be “use[d] as a residence, ... or ... a burial plot for the debtor or dependent of the debtor.”

Section 522(b)(2)(A) requires a debtor claiming a state-law exemption to comply with the state’s procedures for claiming it.

Zimmerman v. Morgan · filed 1982-08-30§ 522(b)(2)(A)

For property to be exempt under state or local law, it must be claimed as exempt in the manner prescribed by those laws.

Section 522(b)(2)(A) requires compliance with applicable state and local procedures before a debtor may claim a state-law exemption.

Zimmerman v. Morgan · filed 1982-08-30§ 522(b)(2)(A)

Thus, the exemption conferred by the above-quoted language presupposes compliance with the pertinent state and local laws.

Section 522(d)(11)(D) treats personal-injury settlement proceeds remaining after payment of secured creditors and the trustee as exempt property.

In Re Thorogood · filed 1982-08-31§ 522(d)(11)(D)

Any sum remaining in the estate after distribution to secured creditors and the trustee shall constitute exempt property under 11 U.S.C. § 522(d)(ll)(D).

Section 522(b)(1) authorizes a state to opt out of the federal exemptions, leaving debtors domiciled there to use only state exemptions.

In Re Taylor · filed 1982-09-03§ 522(b)(1)

A debtor domiciled in Ohio then may only exempt the property specified under Section 2329.66 Revised Code.

When a state opts out of the federal exemptions, § 522(b)(2) permits a debtor to claim state-law exemptions and property exempt from process, including tenancy-by-the-entireties property.

In Re Banks · filed 1982-09-03§§ 522(b)(2)(A), 522(b)(2)(B)

an individual debtor in North Carolina may, pursuant to 11 U.S.C. Section 522(b)(2)(A), claim as exempt property under North Carolina General Statute lC-1601(a) and may, pursuant to 11 U.S.C. Section 522(b)(2)(B), claim as exempt property under the North Carolina common law doctrine of tenancy by the entireties.

Section 522(f) does not permit avoidance of a purchase-money security interest because such a lien is outside the statute’s nonpurchase-money scope.

Anderson v. Montgomery Ward & Co. (In Re Anderson) · filed 1982-09-13§ 522(f)

the plaintiffs may not avoid the security interest held by the defendant in the items here in dispute since the credit transactions are purchase money and, therefore, not within 11 U.S.C. § 522.

Section 522(m) applies exemptions separately to each debtor in a joint bankruptcy case.

In Re Janesofsky · filed 1982-09-15§ 522(m)

Section 522(m) states that section 522 applies separately with respect to each debtor in a joint case in bankruptcy.

Section 522(b) permits exemption only of property that is part of the bankruptcy estate.

Belles Construction Co. v. Biller (In Re Biller) · filed 1982-09-16§ 522(b)

Property which is not property of the estate cannot be exempted.

Section 522(f)(1) permits avoidance of a judicial lien to the extent the property could have been exempted absent the lien, after existing encumbrances are deducted from market value.

In Re Parenteau · filed 1982-09-21§ 522(f)(1)

To determine the amount of any exemption to which the Defendant may be entitled, existing encumbrances must be deducted from the market value of the property.

Section 522(f)(1) permits avoidance only of a judicial lien, so a properly perfected statutory tax lien cannot be avoided under that provision.

Wilson v. Armstrong County School District (In Re Wilson) · filed 1982-09-22§ 522(f)(1)

if it is properly perfected, it remains a statutory lien on the property and cannot be avoided by Section 522(f).

Section 522(a)(1) measures exempt-property value by fair market value rather than liquidation value.

Swink v. Henderson (In Re Henderson) · filed 1982-09-23§ 522(a)(1)

this Court is persuaded, based upon the cases interpreting the statute and upon the clear wording of the statute itself, that the appropriate standard for the appraisal in this case should be fair market value.

Section 522(f)(2) allows avoidance of an exemption-impairing security interest only when it is nonpurchase-money.

Fickey v. Bank of LaFayette (In Re Fickey) · filed 1982-09-23§ 522(f)(2)

The security interest can be avoided only if it is a nonpurchase money security interest.

Section 522(f)(2)(A) permits avoidance only for listed household-use property, so a 1976 Honda 100 Trail Bike does not qualify.

In Re Greenhill · filed 1982-09-27§ 522(f)(2)(A)

A 1976 Honda 100 Trail Bike does not fit within any of the categories of collateral contained in 11 U.S.C. § 522(f)(2)(A), (B), and (C).

Section 522(h) allows a debtor to attempt avoidance of a transfer under § 548(a)(1) when the trustee declines to do so.

Stratton v. Sioux Falls Paint & Glass (In Re Stratton) · filed 1982-09-30§ 522(h)

If the Trustee declines to attempt to avoid the transfer under § 548(a)(1), the debtor may fill the trustee’s shoes and attempt to avoid the transfer. 11 U.S.C. § 522(h).

Section 522(c) generally protects exempt property from prepetition debts, subject to the listed exceptions.

In Re Monteith · filed 1982-09-30§ 522(c)

Otherwise, the set-off will have resulted in exempt property being held liable for a pre-petition debt in violation of 11 U.S.C. Section 522(c).

A statutory lien arising automatically by force of state law cannot be avoided under § 522(f)(1).

Townsend v. South Abington Sewer Authority (In Re Townsend) · filed 1982-10-04§ 522(f)(1)

In conclusion, we find that the lien of the Sewer Authority is a statutory lien and cannot be avoided under 11 U.S.C. § 522(f)(1).

Section 522(b)(2)(B) permits exemption of tenancy-by-the-entirety property only to the extent the interest is exempt from process under applicable nonbankruptcy law.

D'Avignon v. Palmisano · filed 1982-10-05§ 522(b)(2)(B)

A debtor may exempt his interest in entirety property from the estate “to the extent that such interest ... is exempt from process under applicable nonbankruptcy law.” 11 U.S.C. § 522(b)(2)(B).

Section 522(d)(10)(E)(ii) limits the pension-plan exemption to funds held in plans qualified under § 401 and other listed provisions.

In Re · filed 1982-10-06§ 522(d)(10)(E)(ii)

which limits the applicability of the pension plan exemption available to debtors to those funds qualified under, inter alia, § 401.

Section 522(d)(10)(E) permits exemption of pension-plan payments based on illness, disability, death, age, or length of service.

Regan v. Ross · filed 1982-10-06§ 522(d)(10)(E)

Under 11 U.S.C. § 522(d)(10)(E), a debtor may exempt from estate property “a payment under a ... pension ... plan or contract on account of illness, disability, death, age, or length of service .... ”

Section 522(b)(2)(A) does not exempt an ERISA fund merely because federal law requires restrictions on alienation and assignment.

Samore v. Graham (In Re Graham) · filed 1982-10-18§ 522(b)(2)(A)

That requirement is not an exemption from creditors’ process provided by federal law.

Section 522(d) lists federal exemptions as an alternative to state-law exemptions, subject to a state’s opt-out under § 522(b)(1).

Matter of Reynolds · filed 1982-10-26§ 522(d)

Section 522(b) of the Bankruptcy Code established federal exemptions listed in Section 522(d) as an alternative to those created by state law, which debtors could elect to take.

Section 522(b) allows a debtor to claim federal exemptions unless applicable state law disallows them, or otherwise applicable federal, state, or local exemptions.

In Re Evans · filed 1982-10-29§ 522(b)

Alternatively the debtor is permitted to exempt from property of the estate any property that is legally exempt under either federal law [other than that provided by § 522(d) ] or applicable state or local law.

Property claimed as exempt under applicable state law is not part of the bankruptcy estate under § 522.

In Re Maginnis · filed 1982-10-29§ 522

Accordingly, this property is not now part of the bankruptcy estate or in the constructive possession of the Trustee.

Section 522(b)(2)(B) predicates a tenancy-by-the-entirety exemption on immunity from process under applicable nonbankruptcy law.

Bottaro v. Beitman (In Re Beitman) · filed 1982-11-02§ 522(b)(2)(B)

specifically predicates the exemption upon immunity from process.

Section 522(f) generally permits a lien-avoidance complaint at any time, but laches may bar the claim if delay causes detrimental reliance.

Rheinbolt v. Credit Thrift of America, Inc. (In Re Rheinbolt) · filed 1982-11-02§ 522(f)

although a Debtor is generally permitted to file a complaint under 11 U.S.C. § 522(f) at any time, once the discharge date has passed, the debtor risks that a creditor may detrimentally rely upon the Debtor’s failure to file a complaint.

Section 522(b)(2)(B) gives a debtor the benefit only of the immunity from execution that applicable state law provides for entireties property.

In Re Hovatter · filed 1982-11-09§ 522(b)(2)(B)

The purpose of § 522(b)(2)(B) is to give debtors the benefit of any immunity from execution process they have under state law.

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

In Re Webb · filed 1983-04-18§ 522(b)(1)

New York has elected to exercise that power.

Section 522(f)(1) permits avoidance of a judicial lien only to the extent it impairs an otherwise available exemption.

Zuaro v. Gertz (In Re Zuaro) · filed 1983-04-21§ 522(f)(1)

Therefore, to state a claim for relief under section 522(f)(1), the debtor must establish that the judicial lien “impairs” an exemption to which the debtor is otherwise entitled.

Section 522(f)(1) limits lien avoidance to the amount necessary to protect the properly claimed exemption.

Fitzgerald v. Davis (In Re Fitzgerald) · filed 1983-04-22§ 522(f)(1)

The phrase “to the extent” is a limiting one and does not give the court authority to avoid amounts in excess of exemptions.

Under § 522(c), exempt property remains subject to liens that have not been avoided.

Pierce v. Woodard (In Re Pierce) · filed 1983-04-26§ 522(c)

under 11 U.S.C. § 522(c) exempt property is subject to una-voided liens.

Section 522(m) applies separately to each debtor in a joint case, allowing independent exemption choices.

In Re Jones · filed 1983-04-26§ 522(m)

The Bankruptcy Code, 11 U.S.C. § 522(m) expressly gives each individual debtor the right to choose between federal and state exemptions.

Section 522(f) permits lien avoidance without a fixed time limit, subject to prejudice or equitable considerations.

Matter of Barnett · filed 1983-04-27§ 522(f)

Until directed otherwise, this Court will continue to interpret 522(f) as allowing the debtor to avoid liens without a time limitation, absent prejudice or injury to the lienholder, or an innocent third party.

Section 522(f)(2)(A) does not treat a motor vehicle as a household item for lien avoidance.

Smith v. Avco Financial Services Consumer Discount Co. One · filed 1983-04-27§ 522(f)(2)(A)

it is not a household item under section 522(f)(2)(A).

Section 522(f)(1) applies only to judicial liens created in favor of creditors, not liens created for a spouse in a dissolution proceeding.

In Re Thomas · filed 1983-04-28§ 522(f)(1)

It is clear that Congress intended to include within the ambit of § 522(f)(1) only those lien interests created in favor of creditors, not spouses.

Section 522(f) permits avoidance of a certificate of judgment securing a dischargeable award.

Chrysler Credit Corp. v. Brannon (In Re Brannon) · filed 1983-05-05§ 522(f)

the certificate of judgment as to this award is avoidable by the Debtor pursuant to 11 U.S.C. § 522(f).

Sections 522(h) and (i) permit a debtor to avoid a transfer only to the extent the debtor could exempt the transferred property.

Barnes v. McCarthy (In Re Barnes) · filed 1983-05-05§§ 522(h), 522(i)

only to the extent that the debtor could have exempted such property under § 522.

Section 522(h) allows a debtor to pursue a preference action in the trustee’s place when the trustee fails or refuses to act.

Teasley v. Burgess (In Re Teasley) · filed 1983-05-09§ 522(h)

act, the former may do so in his stead. 11 U.S.C. § 522(h).

Section 522(b)(1) allows a state to opt out of federal exemptions, making the debtor’s exemption subject to state law.

In Re Moore · filed 1983-05-10§ 522(b)(1)

Thus, the determination of the exemption is a matter of application of state law.

Section 522(f)(2) permits avoidance of a nonpossessory, nonpurchase-money security interest in specified personal or trade property to the extent it impairs an exemption.

Sprague v. Landaus of Plymouth, Inc. (In Re Sprague) · filed 1983-05-10§ 522(f)(2)

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.

Section 522(f)(1) permits avoidance of an exemption-impairing judicial lien, but not a vendor’s security interest created by an installment land contract.

Love v. Kradel (In Re Love) · filed 1983-05-10§ 522(f)(1)

Since the charge against the property arises from the voluntary agreement of the parties and not from the confession of judgment, the Kradels contend that this interest is not avoidable under 11 U.S.C. § 522(f)(1). I agree.

Section 522(b)(2)(A) permits an individual debtor to exempt estate property that is exempt under applicable federal, state, or local law.

In Re DiPiazza · filed 1983-05-13§ 522(b)(2)(A)

or state or local law that is applicable.

Section 522(b)(1) permits debtors to exempt qualifying estate property, including the account funds at issue.

Cusanno v. Fidelity Bank · filed 1983-05-13§ 522(b)(1)

This Court affirms that finding of the Bankruptcy Court.

Section 522(f) does not impose a pre-discharge filing deadline, although equitable factors may still apply.

Noble v. Yingling · filed 1983-05-16§ 522(f)

Because 11 U.S.C. § 522(f) contains no such time limitation and Congress intended to repose the power to establish such a limitation in other institutions, I conclude that the bankruptcy court erred to the extent it enunciated a newly formulated procedural limitation.

Section 522(f)(2) limits lien avoidance to specified protected property categories.

In Re Psick · filed 1985-09-19§ 522(f)(2)

That statute creates and delineates the debtor’s lien avoidance remedy, applicable only to a protected class of specific types of property.

Section 522(g) bars the debtor from claiming an exemption in property the trustee recovers after avoiding the debtor’s fraudulent transfer.

Neylon v. Addario (In Re Addario) · filed 1985-09-24§ 522(g)

Where the trustee recovers property fraudulently conveyed by the debtor the debtor may not claim exemptions out of the recovered property. 11 U.S.C. § 522(g) (1979).

Section 522(f)(1) should be interpreted liberally to protect the debtor’s fresh start through avoidance of qualifying judgment liens.

Paul v. Hahn (In re Paul) · filed 1985-10-04§ 522(f)(1)

Section 522(f)(1) facilitates a debtor’s fresh start by allowing the avoidance of such judicial liens. It should be interpreted liberally.

Sections 522(h) and 522(i) permit an eligible debtor to avoid and recover a preferential transfer that the trustee could have avoided.

Schwartz v. Pitman-Moore, Inc. (In Re Schwartz) · filed 1985-10-08§§ 522(h), 522(i)

Thus the transfer constitutes a voidable preference under 11 U.S.C. §§ 522(h) and 547 which the debtor may recover under sections 522(i) and 550.

Section 522(f)(1) applies only to judicial liens, so a consensual property-settlement lien is not avoidable under that provision.

In Re Shands · filed 1985-10-10§ 522(f)(1)

The lien of Evelyn Kay Shands in the residence is not a judicial lien. Therefore, it is not avoidable under § 522(f)(1).

Section 522(f)(1) requires a judicial lien, an allowed exemption, impairment, and the debtor’s interest in the property.

Johnson v. Ford Motor Credit Co. (In Re Johnson) · filed 1985-10-18§ 522(f)(1)

Section 522(f)(1) 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 § 522(b); (3) the creditor’s lien impairs the debtor’s exemption; and (4) the debtor has an interest in the property.

Section 522(b)(1) permits a state to establish the nature and maximum amount of available bankruptcy exemptions.

Jerry Payne and Deborah Payne v. Charles R. Wood, Jr. · filed 1985-10-18§ 522(b)(1)

Illinois has exercised its right under § 522(b)(1) to establish the nature and maximum amount of exemptions.

Section 522(f)(2)(B) does not treat large trucks and trailers used for hauling goods as tools of the trade.

In Re Trainer · filed 1985-10-30§ 522(f)(2)(B)

the essence of this Court’s holding in this case is that the U.S. Congress did not intend to include large trucks and trailers used in the hauling of goods as “tools of a trade” within the meaning of 11 U.S.C. § 522(f).

Section 522(d)(10)(E) exempts benefit payments only to the extent reasonably necessary for support.

In Re Jones · filed 1985-11-05§ 522(d)(10)(E)

Section 522(d)(10)(E) exempts from the property of the estate in bankruptcy certain benefit payments made to a debtor “to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.”

Section 522(d)(10)(E) does not permit exemption of an entire lump-sum pension interest.

Blackwell v. Heritage House Restaurants, Inc. (In Re Wilson) · filed 1985-11-08§ 522(d)(10)(E)

Neither the Federal law at Section 522(d)(10) nor the Illinois statute at Paragraph 12-1001 is intended to permit a debtor to exempt his entire interest in a lump sum distribution from a pension plan.

Section 522(f) authorizes avoidance of a judicial lien impairing an applicable homestead exemption.

Doyon v. Citibank (New York State), N.A. (In re Doyon) · filed 1985-11-13§ 522(f)

Citibank’s South Dakota judicial lien impairs this exemption. The Court voids this lien under 11 U.S.C. § 522(f).

Section 522(f)(1) does not avoid mortgages created by agreement because they are not judicial liens.

Gugenhan v. Blue Valley National Bank (In Re Gugenhan) · filed 1985-11-14§ 522(f)(1)

Under either legal or equitable principles, the mortgages arose by agreement. They are not judicial liens, and cannot be avoided under 11 U.S.C. § 522(f)(1).

Section 522(f)(1) does not avoid an equitable lien enforceable against the applicable homestead exemption.

In Re West · filed 1985-11-15§ 522(f)(1)

The Court finds that the equitable lien exception to the homestead exemption applies and debtor is not entitled to avoid Merle K. West’s lien under 11 U.S.C. § 522(f).

Section 522(f)(1) permits avoidance of a judicial lien even when the debtor has little or no equity.

In Re Richardson · filed 1985-11-21§ 522(f)(1)

The small amount, or absence, of equity in the debtor’s property does not prevent the application of 11 U.S.C. section 522(f)(1).

Section 522(b)(2)(B) exempts Maryland entireties property only to the extent it is not subject to joint claims.

In Re Sumy · filed 1985-11-21§ 522(b)(2)(B)

The proper interpretation of Sec. 522(b)(2)(B) as it applies in Maryland is that “to the extent that such interest as a tenant by the entirety or joint tenant is exempt from process under applicable nonbankruptcy law” means “to the extent that there are only individual claims,” because entireties property is not exempt from process to satisfy joint claims in Maryland.

Section 522(f)(1) permits avoidance of a judicial lien to the extent it impairs an available exemption.

Einoder v. Mount Greenwood Bank (In Re Einoder) · filed 1985-11-27§ 522(f)(1)

Section 522(f)(1) permits a debtor to avoid a judicial lien in the debtor’s property to' the extent that the lien impairs one of the debtor’s exemptions.

Section 522(f)(1) does not impose a time limit on lien avoidance, so the right may be exercised after discharge or administrative closing subject to equitable considerations.

Keller v. Time Credit Corp. (In Re Keller) · filed 1982-11-10§ 522(f)(1)

§ 522(f) places no time limitation on the assertion of lien avoidance rights.

Section 522(e) makes a debtor’s waiver of exemptions ineffective in favor of an unsecured creditor.

Community Hospital of Roanoke Valley, Inc. v. Musser (In Re Musser) · filed 1982-11-15§ 522(e)

the plain language of 11 U.S.C. § 522(e) makes clear that a debtor’s waiver of exemptions in favor of an unsecured creditor is ineffective.

Section 522(f) permits avoidance of a judicial lien to the extent it impairs the debtor’s homestead exemption.

Barbe v. Pennsylvania Department of Labor & Industry (In Re Barbe) · filed 1982-11-15§ 522(f)

The issue presented is whether the debtor can avoid this lien as a judgment lien pursuant to section 522(f) of the Bankruptcy Code to the extent it impairs the debtor’s . homestead exemption.

Section 522(h) authorizes a debtor to file an action to avoid improper preferences or setoffs.

Lee v. Schweiker (In Re Schweiker) · filed 1982-11-16§ 522(h)

Under § 522(h) of the Bankruptcy Code, the debtor may file an action to avoid improper preferences or setoffs.

Section 522(d)(10)(E) exempts support-necessary payments from a broad range of tax-qualified and nonqualified plans.

Clotfelter v. Ciba-Geigy Corp. (In Re Threewitt) · filed 1982-11-17§ 522(d)(10)(E)

Such is not the case.

Section 522(f)(2) does not apply to property rights established before enactment absent a clear congressional command of retroactivity.

United States v. Security Industrial Bank · filed 1982-11-30§ 522(f)(2)

we decline to construe the Act in a manner that could in turn call upon the Court to resolve difficult and sensitive questions arising out of the guarantees of the Takings Clause.

Section 522(f) does not automatically bar a lien-avoidance action filed after discharge; timeliness depends on the circumstances and equities.

Leeman v. Thorp Finance (In Re Leeman) · filed 1982-11-30§ 522(f)

Rather, it prefers to consider all of the equities involved on a case by case basis.

Section 522(f) does not allow avoidance of real-property mortgages because they are security interests rather than judicial liens.

Brown v. Beneficial Consumer Discount Co. · filed 1982-11-30§ 522(f)

The fact that mortgages may be junior and follow the attachment of judicial liens to parcels of real property does not subject those mortgages to avoidance under section 522(f) of the Code.

Section 522(f) permits avoidance of a nonpossessory, nonpurchase-money security interest in the debtor’s tools of trade when it impairs an exemption.

Zweibahmer v. Farmers Home Administration (In Re Zweibahmer) · filed 1982-12-03§ 522(f)(2)(B)

It is clear that the first and second security agreements created a lien which impaired the exemptions to which the debtors were entitled under § 522(b).

Section 522(f)(1) permits avoidance of a judicial lien impairing the debtor’s interest in property even when the property has no equity.

Chesanow v. W.H. Squire Co. (In Re Chesanow) · filed 1982-12-07§ 522(f)(1)

The word “interest” is not the substantive equivalent of the word “equity”.

Section 522(m) requires exemption provisions to apply separately to each debtor in a joint case.

In re Smith · filed 1982-12-09§ 522(m)

Two relevant provisions of the Bankruptcy Code, which remain unaffected by the Arizona legislation “opting out” of the “laundry list” of exemptions under 11 U.S.C. § 522(d), are 11 U.S.C. § 522(m) which provides that the section shall apply separately with respect to each debtor in a joint case, and 11 U.S.C. § 101(12) which defines debtor as a person.

Section 522(f)(2) does not apply retrospectively to destroy property rights that existed before enactment.

Liberty Loan Corp. v. Moreland · filed 1982-12-10§ 522(f)(2)

the security interests in the instant ease should not have been avoided by the Bankruptcy Court.

Section 522(f)(1) permits avoidance of a judicial lien held by a state governmental creditor when it impairs an exemption.

Gardner v. Commonwealth Of Pennsylvania · filed 1982-12-13§ 522(f)(1)

Governmental creditors are for most purposes treated like other creditors, and there is no suggestion that the exemption provisions in section 522 are to apply to such creditors differently.

Section 522(f) does not allow avoidance of a purchase-money security interest in household goods.

Wilson v. Avco Financial Services (In Re Wilson) · filed 1982-12-14§ 522(f)

the plaintiffs may not avoid Avco’s security interest since it remains a purchase money security interest and is not within the terms of 11 U.S.C. § 522.

Section 522(g)(1) allows exemption of property recovered through trustee avoidance only when the transfer was involuntary and the debtor did not conceal the property.

Wolinsky v. Bradford National Bank (In Re McQueen) · filed 1982-12-15§ 522(g)(1)

the Debtors may claim as exempt any proceeds recovered by the trustee in the avoidance of a preference only if the transfer of the property was not a voluntary transfer by the debtor, and the debtor did not conceal such property.

Section 522(g) permits exemption of property recovered by a trustee only when the debtor did not voluntarily transfer or conceal it.

In Re McQueen · filed 1982-12-15§ 522(g)

However, they are still not entitled to any exemption in the proceeds of a preference avoided by the Trustee since they voluntarily transferred the property which is the subject matter of the alleged preference.

Section 522(f)(1) does not apply retroactively to avoid a judicial lien perfected before enactment absent unequivocal congressional direction.

White v. Gulesian (In Re White) · filed 1982-12-17§ 522(f)(1)

the same rationale would apply to a judicial lien perfected prior to the Act’s enactment due to the absence of such Congressional intent.

Section 522(f)(1) permits avoidance of a judicial lien impairing an exemption, but the lien must be a judicial lien rather than a security interest.

Wicks v. Wicks · filed 1982-12-20§ 522(f)(1)

Section 522(f)(1) allows the avoidance of a judicial lien which impairs an exemption of the defendant.

Section 522(b) gives a debtor a general power to exempt estate property, while § 522(g) specifically restricts exemptions for property recovered through trustee avoidance.

In the Matter of Jerry Daniel Wilson · filed 1982-12-20§§ 522(b), 522(g)

Subsections (g), (h) and (i) of section 522 are better viewed not as provisions which enable the debtor to bring property into the estate but as specific restrictions on the debtor’s general power to exempt estate property.

Section 522(f) may be applied in a Chapter 13 case to avoid qualifying liens.

Transouth Financial Corp. v. Paris · filed 1982-12-21§ 522(f)

Accordingly, this Court holds that Section 522(f) may apply to a Chapter 13 case.

Under § 522(f)(1), the lien must attach to the debtor’s property interest, impair an exemption, and be a judicial lien.

Boyd v. Robinson (In Re Boyd) · filed 1982-12-21§ 522(f)(1)

Three requisites must be established for the debtor to avoid the fixing of a lien under this section: ... 1. The lien must be against an interest of the debtor in property; ... 2. The lien must impair the debtor’s exemption of the property interest; and ... 3. The lien must be a judicial lien.

Section 522(b)(1) permits a state to restrict debtors to exemptions provided by state law.

Shaia v. Marsh (In Re Marsh) · filed 1982-12-27§ 522(b)(1)

and thereby availed itself of this opt-out provision.

Section 522(f) creates a debtor’s substantive right to avoid a nonpossessory, nonpurchase-money security interest that impairs an exemption.

Beneficial Finance Co. of Virginia v. Franklin · filed 1983-01-04§ 522(f)

Section 522(f) creates the substantive right.

Section 522 permits a debtor to use a state exemption scheme so long as it does not conflict with or undermine the federal exemption scheme.

Niemyjski v. Mountain States Financial Corp. (In Re Niemyjski) · filed 1983-01-12§ 522

The Code also provides that each state may enact its own exemption scheme so long as that scheme does not conflict with nor undermine the Federal exemption scheme.

Section 522(f)(2)(A) does not allow avoidance of a purchase-money security interest in household furniture.

Cerasoli v. First National Bank of Berwick (In Re Cerasoli) · filed 1983-01-18§ 522(f)(2)(A)

The above quoted language indicates that § 522(f) was not incorporated in the Code to avoid security interests acquired by sellers of goods who take or retain a security interest in the goods sold.

Section 522(g)(1) permits exemption of recovered property only when the transfer was involuntary and the debtor did not conceal it.

Redmond v. Lamonte Russell Tuttle and Ruth Ella Tuttle · filed 1983-01-20§ 522(g)(1)

Section 522(g)(1), under which debtors seek to exempt the money, provides that a recovered asset can be exempted to the extent that it could have been exempted had it not been transferred out of the estate if (a) the transfer was not voluntary and (b) the debtor did not conceal the property.

Section 522(b) lets an individual debtor choose federal exemptions in § 522(d) unless state law forecloses that choice.

Appleton v. Gagnon (In Re Gagnon) · filed 1983-01-27§ 522(b)

This provision allows a debtor to elect the federal exemptions provided in § 522(d) of the 1978 Act rather than the exemptions of state law and federal non-bankruptcy law.

Section 522(f) does not apply retroactively to avoid liens obtained before enactment on November 6, 1978.

Bankr. L. Rep. P 69,154 in Re John Curry, Jr. And Jessie Mae Curry, Debtors. John Curry, Jr. And Jessie Mae Curry v. Ass · filed 1983-01-28§ 522(f)

For this reason, we reverse the District Court below and vacate the Order of the Bankruptcy Court avoiding appellant’s lien on the household furnishings of the debtors.

Under § 522(g)(1)(A), a transfer is not voluntary when the debtor lacks essential facts, the creditor fails to disclose them, and the debtor would not have transferred the property if informed.

Seidel v. First National Bank of Palmerton (In Re Seidel) · filed 1983-02-01§ 522(g)(1)(A)

a voluntary transfer of property does not occur where a debtor does not have knowledge of all of the essential facts pertaining to the transfer, the creditor to whom the transfer is made fails to inform the debtor of any essential facts within the creditor’s knowledge, and the debtor would not have made the transfer had he been aware of all of the essential facts.

Section 522(f)(2)(B) permits avoidance of a qualifying lien on tools of trade only to the extent of the debtor’s available personal-property exemption.

Sanders v. First State Bank of Franklin County (In Re Sanders) · filed 1983-02-02§ 522(f)(2)(B)

Pursuant to 11 U.S.C. 522(f)(2)(B), the debtors may avoid a nonpossessory, nonpurchase-money security interest in implements or tools of their trade only to the extent of their available personal property exemption, i.e., a maximum of $6,000.00.

Section 522(b)(2)(A) permits a debtor in an opt-out state to claim property exempt under applicable state law.

In Re Thomas · filed 1983-02-03§ 522(b)(2)(A)

A debtor who wishes to exempt a principal residence from the satisfaction of his debts may do so pursuant to Code § 522(b)(2)(A), which authorizes the debtor to exempt from property of the estate any property that is exempt under State law.

Section 522(f) does not destroy pre-enactment property rights, but its application is not barred when the lien’s pre-enactment origin is not shown.

Moreck v. United States (In re Moreck) · filed 1983-02-04§ 522(f)

the facts of the case at bar do not indicate that the lien arose prior to the enactment date of the Bankruptcy Code.

Section 522(h) lets a debtor use the trustee’s avoiding powers only if the debtor could have exempted the recovered property under § 522(g)(1) and the trustee does not act.

Evingham v. Trucking Affiliates of Central New York Credit Union (In Re Evingham) · filed 1983-02-09§ 522(h)

This section permits the debtor to bring an action to avoid a preferential transfer under 547 or avoid a lien under 544 if he could have exempted the property avoided by the trustee under 522(g)(1) and the trustee does not attempt to avoid such transfer.

Section 522(f)(1) permits avoidance only of judicial liens, so a mortgage cannot be avoided under that subsection.

In Re Baerwald · filed 1983-02-14§ 522(f)(1)

Section 522(f)(1) clearly deals only with the avoidance of judicial liens.

Section 522(f)(2)(A) permits avoidance based on the debtor’s legal interest in household goods, not only on equity.

Southern Discount Co. v. Maddox (In Re Maddox) · filed 1983-02-16§ 522(f)(2)(A)

The word “interest” is a broad term encompassing many rights of a party, tangible, intangible, legal and equitable.

Section 522(f)(1) does not permit avoidance of a statutory lien arising by operation of law.

Herrick v. Department of Welfare (In Re Herrick) · filed 1983-02-24§ 522(f)(1)

The plaintiff-debtor’s complaint to avoid a judicial lien under 11 U.S.C. § 522(f)(1) is accordingly denied.

Section 522(d)(5) permits use of the aggregate-interest exemption to avoid a lien on household goods beyond the per-item limit.

Doss v. CIT & Tower Loan of Miss., Inc. (In re Doss) · filed 1983-03-04§ 522(d)(5)

this court is of the opinion that as a matter of law plaintiff debtors are entitled to avoid defendant Tower’s lien to the full amount claimed under the amended schedule B-4; namely, $8,150.00.

Section 522(b) allows a state to opt out of federal exemptions and determine the scope of exemptions under its own law.

In Re Worthington · filed 1983-03-09§ 522(b)

Congress has, by extending to individual states the elective right of opting out of the federal exemption scheme, recognized their right and responsibility to determine the scope of their exemptions, and further implicitedly permitted nonuniformity in the exercise of this right between states.

Section 522(b)(2)(B) permits exemption of tenancy-by-the-entirety property only to the extent applicable nonbankruptcy law makes it exempt from process.

Schmidt v. White (In Re White) · filed 1983-03-09§ 522(b)(2)(B)

Pursuant to 11 U.S.C. § 522(b)(2)(B) debtors may exempt “... tenants by the entirety property to the extent that the property is exempt from process under applicable nonbankruptcy law.”

Section 522(h) allows a debtor to avoid a transfer that could have been exempted when the trustee could avoid it and does not pursue avoidance.

Marsh v. First National Bank (In Re Marsh) · filed 1983-03-11§ 522(h)

The Court does not question the propriety of Debtor’s action under 11 U.S.C. § 522(h) especially in light of the fact that the Trustee has not pursued such action under its Section 547 avoidance powers.

Section 522(m) requires allowable exemptions in a joint case to benefit each debtor spouse separately.

Matter of Pearl · filed 1983-03-15§ 522(m)

the intention of Congress in enacting § 522(m) was that all allowable exemptions run to the benefit of each debtor spouse who filed a joint petition.

Section 522(f) requires an avoidable lien to attach to the debtor’s interest in property, impair an exemption, and be a judicial lien.

Saxon v. Merchants National Bank & Trust Co. of Indianapolis (In Re Saxon) · filed 1983-03-17§ 522(f)

Section 522(f), therefore, has three conditions which must be met: First, the lien to be avoided must have fixed “on an interest of the debtor in property”; second, the lien must impair “an exemption to which the debtor would have been entitled”; and third, the lien must be a “judicial lien.”

Section 522(l) governs objections to claimed exemptions but does not specify a filing deadline.

Ford Motor Credit Co. v. Territo (In Re Territo) · filed 1983-03-18§ 522(l)

Since no time for filing objections is specified therein, it is inconsistent with Rule 403(c) which says objections must be made within 15 days of the first meeting of creditors.

Under § 522(b), exemption eligibility is determined as of the petition date, so later events do not eliminate an exemption available at filing.

Lewis v. Thompson · filed 1983-03-24§ 522(b)

“The general rule is that the (debtor’s) exemptions are determined as of the time of the filing. 11 U.S.C. § 522(b).”

Section 522(h) allows a debtor to assert an avoidance cause of action to the extent the trustee has failed to do so.

Rosner v. Worcester (In Re Worcester) · filed 1983-04-08§ 522(h)

Worcester should be able to assert this cause of action, at least to the extent that the trustee has failed to do so.

Section 522(b)(1) lets states opt out of the federal exemption scheme without facial restrictions on that authority.

J. Kenneth Rhodes, Debtor v. Larry Stewart, Trustee · filed 1983-04-11§ 522(b)(1)

Section 522(b)(1) encompasses no facial restrictions upon the states’ authority to opt-out.

Section 522 requires a debtor claiming exemptions to file a specific list of the property claimed exempt, so a vague catch-all claim has no legal effect.

Andermahr v. Barrus (In Re Andermahr) · filed 1983-05-23§ 522(d)(7)

The non-specific claim of exemption gives the debtor no rights, legally or practically. It is mandatory under the language of the statute that the debtor file a list of the property he claims exempt. 11 U.S.C. § 522(7). A list of property connotes a selection of specific properties. The claim to “other assets of the petitioner” does not comply with the statute.

Section 522(d)(3)'s household-goods exemption and § 522(f)(2)(A)'s lien-avoidance protection do not encompass a rifle merely because it is kept in the home.

Noggle v. Beneficial Finance Co. (In Re Noggle) · filed 1983-05-24§ 522(d)(3), § 522(f)(2)(A)

A rifle is generally not understood to be a household good. The mere fact that it is kept in the household does not make it so within the meaning of section 522(d)(3) or 522(f)(2)(A).

Section 522 provides the exemption process a debtor must use to protect estate property needed for a fresh start or the necessities of life.

Dubois v. Guerrero (In Re Guerrero) · filed 1983-06-01§ 522

If the debtor needs the property for a “fresh start” or the “necessities of life” the debtor must follow the exemption process under 11 U.S.C. § 522.

Section 522(d)(10)(E) allows exemption of pension-plan payments only to the extent reasonably necessary for the debtor’s or a dependent’s support, including reasonably demonstrated future needs.

In re Kochell · filed 1983-06-03§ 522(d)(10)(E)

Certainly, there are instances where a debtor in ill health and declining years could readily demonstrate that the funds would be reasonably necessary for his future support.