Case Citator › In the Matter of Daniel J. Yonikus and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. Yonikus

In the Matter of Daniel J. Yonikus and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. Yonikus

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Seventh Circuit
Citation
996 F.2d 866
Decided
Confirmed treatments
1
Flagged citations read
43 of 43
Citing cases (total)
43
Treatment dates
2014
Overruled in part
A reviewed court has overruled part of this case’s holding. Yonikus was overruled in part on denying bankruptcy exemptions for fraudulent concealment. In Law v. Siegel, the Supreme Court identified In re Yonikus as allowing a court to withhold an exemption on that ground and held that the Bankruptcy Code gives courts no such power without a statutory basis.
More on how this was screened

All 43 flagged citations have been read. Later opinions continue to rely on Yonikus for its separate rule about the broad scope of bankruptcy estate property.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

43 later cases cite In the Matter of Daniel J. Yonikus and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. Yonikus; 43 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on In the Matter of Daniel J. Yonikus and Carolyn S. Yonikus, Debtors. Appeal of Daniel J. Yonikus?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Supreme Court rejected Yonikus's rule allowing bankruptcy courts to deny an exemption, or bar an amendment claiming one, because the debtor fraudulently concealed the asset.

    Law v. Siegel · Supreme Court of the United States · filed

    Siegel points out that a handful of courts have claimed authority to disallow an exemption ... based on the debtor’s fraudulent concealment of the asset alleged to be exempt. See, e.g., In re Yonikus, 996 F. 2d 866, 872–873 (CA7 1993); ... For the reasons we have given, the Bankruptcy Code admits no such power.
    Read the full opinion on CourtListener →

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