LexisNexis® Legal Newsroom
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...

Professor Kenneth N. Klee on the Supreme Court's Holding in Law v. Siegel

Professor Kenneth Klee analyzes the March 4, 2014 Supreme Court ruling in Law v. Siegel which held that a bankruptcy court exceeds its authority when it permits a surcharge on a debtor's otherwise exempt assets to pay administrative expenses incurred as a result of a chapter 7 debtor's misconduct...