Jorge L. Quintana, Sr. v. Tanya Holzhaus, Individually and as Escrow Agent of Stewart Title Company, et al.
JusticiabilityDoctri
Whether individual states can set the parameters of a homestead exemption for citizens filing bankruptcy or if bankruptcy petitions remove states' ability to set conditions on exempt property proceeds
Debtors who file for bankruptcy protection are permitted to claim property exemptions pursuant to 11 U.S.C. § 522. In § 522(a)(2) and (I), Congress delegated to the States virtually complete control over how to strike the appropriate balance between the interests of debtors and the rights of creditors in this arena of property rights. Most states have homestead exemptions that protect home ownership and allow a debtor to keep the exempted homestead. The Supreme Court has held that when a debtor claims a state-created property exemption, the scope of the exemptions is determined by state law. Law v. Siegel . 134 S. Ct. 1188 (2014) The question presented is: Whether individual states can set the parameters of a homestead exemption provided to the citizens of that state or does the filing of a bankruptcy petition remove a state ’s ability to set conditions on the use of exempt proceeds from the sale of homestead property thus allowing individuals to use the proceeds in any manner they desire. In other words, do states get to set homestead exemptions that allow individuals who file bankruptcy, or do individuals who file bankruptcy have more rights than individuals who do not seek bankruptcy relief? Whether the bankruptcy court has jurisdiction after the bankruptcy court dismissed the trustee's objection to the exemption on March 7, 2019, to an extension without a trustee motion or appeal to file objections to exemptions after the expiration of the thirty days prescribed by Bankr. Rule 4003(b).. .Matter of Stoulia . 45 F.3d 957 (5th Cir. 1995)? Whether the trustee has the right to sell an exempted home after the homestead was bankruptcy-ordered exempted, denying the trustee to collect trustee administrative fees and trustee attorney fees under 11 U.S.C. § 52200.. .Lawv. Siege!. 134 S. Ct. 1188 (2014)?