Topic: an estate in bankruptcy consists of all the interests in pr… · Go Syfert
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Topic #8153

8 canonical passages across 8 cases, quoted by 44 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Owen v. Owen.

#Case FlagCanonical passage Citers
1 Owen v. Owen Anchor
scotus · 1991
green “an estate in bankruptcy consists of all the interests in property, legal and equitable, possessed by the debtor at the time of filing, as well as those interests recovered or recoverable through transfer and lien avoidance provisions.” 13
2 Rousey v. Jacoway
scotus · 2005
green “to help the debtor obtain a fresh start, the bankruptcy code permits him to withdraw from the estate certain interests in property, such as his car or home, up to certain values.” 7
3 In Re Storer
ca6 · 1995
green “ohio has replaced the federal exemptions with its own state exemptions, which are those generally available to debtors under ohio's general debtor-creditor law.” 5
4 In Re Rhinebolt
ohsb · 1991
green “upon the introduction of sufficient evidence to rebut the prima facie validity of the exemption, the burden shifts to the debtors to demonstrate that the exemption is proper.” 5
5 Hamo v. Wilson (In Re Hamo)
bap6 · 1999
green “the burden is on the trustee to establish, by a preponderance of the evidence, that the exemption should be disallowed.” 5
6 In Re Elizabeth Hayes Lucas, Debtor. Jane B. Forbes, Trustee v. Elizabeth Hayes Lucas, Holiday Corporation Savings and Retirement Plan
ca6 · 1991
green “an estate in bankruptcy consists of all the interests in property, legal and equitable, possessed by the debtor at the time of filing, as well as those interests recovered or recoverable through transfer and lien avoidance provisions.” 3
7 In Re Mann
mieb · 1996
green “the trustee fails to carry the burden of proving by a preponderance of the evidence that the exemption should be disallowed, the exemption will stand.” 3
8 In Re Roselle
ohsb · 2002
green “a party objecting to claimed exemptions must prove that the exemption is not properly claimed by a preponderance of the evidence.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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