How cited: In Re Bennett · Go Syfert

In Re Bennett (1996)

green · 23 citation events across 11 courts. Showing the 13 strongest citers on record (one row per citing case, strongest signal kept).
Treatment trajectory · 1998 → 2026 · click a year to view the case as of then
199820122026
Rule Authority · Bankr. W.D. Pa. · 2 citations in this opinion
In this regard it has been stated that in addition to a self-serving statement of intent, the debtor must also demonstrate “a meaningful ability to occupy the property imminently or within a reasonable time.” In re Bennett, 192 B.R. 584, 588 (Bankr.D.Me.1996).
Rule Authority · Bankr. D. Md.
May 28, 1999); In re Bennett, 192 B.R. 584, n. 9 (Bankr.
green Joseph W. Prestia (2024)
Rule Authority · Bankr. W.D. Pa.
Since a self-serving statement of intent to reside in a particular location is insufficient to prove constructive occupancy, the debtor must also show he has a “meaningful ability to occupy the property imminently or within a reasonable time.” Id.; quoting In re Bennett, 192 B.R. 584, 588 (Bankr.
Rule Authority · 6th Cir. BAP
Pa. 2016) (quoting In re Bennett, 192 B.R. 584, 588 (Bankr.
Rule Authority · Bankr. D.N.M.
Yanovich, 544 B.R. at 312 (quoting In re Bennett, 192 B.R. 584, 588 (Bankr.
Rule Authority · Bankr. D. Me.
In re Bennett, 192 B.R. 584, 587 (Bankr.
green In Re Dailey (2007)
Rule Authority · Bankr. S.D. Ohio
See In re Huffines, 57 B.R. 740, 741-42 (M.D.Tenn.1985) (denying homestead exemption in property on which no house stood and on which debtor had never resided); In re Bennett, 192 B.R. 584, 587-88 (Bankr.D.Me. 1996) (denying homestead exemption in unimproved property, despite efforts over several years to prepare lot for construction by clearing land, dumping and spreading fill, and extending water and sewer service); In re Cole, 185 B.R. 95, 97-98 (Bankr.D.Me. 1995) (denyin…
denying homestead exemption in unimproved property, despite efforts over several years to prepare lot for construction by clearing land, dumping and spreading fill, and extending water and sewer service
green In Re DeMasi (1998)
Rule Authority · D.R.I. · signal: cf.
Cf. In re Bennett, 192 B.R. 584, 585-88 (Bankr.D.Me.1996) (debtors had no concrete plans to build a home after a decade of ownership and a year after filing).
green Christopher D. Gistis (2020)
Cited · Bankr. D. Me. · signal: see
See id. at 586-88 .
green In re Tankersley (2017)
Cited · Bankr. E.D. Ark. · signal: accord
In re Feliciano, 487 B.R. at 52 (citing In re Lozada Rivera, 470 B.R. at 117 ); accord In re Bennett, 192 B.R. 584 , 587-88 n.16 (Bankr.
sustaining objection to state law residence exemption
green In Re Toppi (2007)
Cited · Bankr. D. Me. · signal: see
See In re Bennett, 192 B.R. 584 , 586 n. 9 (Bankr.D.Me.1996) (citations omitted).
green In Re Gandy (2005)
Cited · Bankr. S.D. Tex. · signal: see
See In re Bennett, 192 B.R. 584, 588 (Bankr.D.Me.1996) (denying exemption for debtors who owned undeveloped land — on which they had made limited preparations for building — because they had not shown the intent or meaningful ability to occupy the property within the past ten years); see also In re Cole, 185 B.R. 95, 98 (Bankr.D.Me.1995) (denying exemption when debtor installed a septic system and had neither shown a definable intention to move onto the land nor a plan to ac…
green In Re Lawrence (1999)
Cited (see also) · Bankr. S.D. Florida · signal: see also
Both parties agree that the debtor’s right to the exemption was fixed as of the filing of the petition. 11 U.S.C. § 522 (b)(2)(A) (“an individual debtor may exempt ... property that is exempt ... on the date of the filing of the petition”); see also In re Bennett, 192 B.R. 584, 586 (Bankr.D.Me.1996) (analysis of exemption claim focuses on status as of petition date); In re Pancratz, 175 B.R. 85, 91 (D.Wyo.1994) (exemptions are determined as of date of filing). 8 The status o…