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Supreme Court to Consider Pro Se Challenge to Exemption Surcharge

In an unusual move, the Supreme Court granted cert yesterday to consider the petition of a California man who filed a pro se petition for cert seeking to review the decision of a bankruptcy court to surcharge his homestead exemption under section 105. No. 12-5196, Law v. Siegel . The petition for...

Validity of Surcharge on Debtor’s Home Debated at U.S. Supreme Court

WASHINGTON, D.C. — (Mealey’s) The U.S. Supreme Court heard oral arguments Jan. 13 in a case in which a Chapter 7 debtor argues that the Ninth Circuit U.S. Court of Appeals wrongly affirmed a ruling in which a bankruptcy court levied a surcharge on his residential property as punishment to...

U.S. High Court Reverses; Assets Cannot Be Used to Pay Bankruptcy Trustee’s Attorney Fees

WASHINGTON, D.C. — (Mealey’s) In a unanimous decision, the U.S. Supreme Court today reversed a Ninth Circuit U.S. Court of Appeals ruling and held that a bankruptcy court exceeded the limits of its authority when it ruled that $75,000 that was protected under the homestead exemption in a...