WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 17 granted certiorari in a case involving the question of whether a
bankruptcy court has the power to levy a financial charge against a Chapter 7
debtor's residential property, which he has claimed falls under the homestead
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...
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...