Does Section 522(b) of the Bankruptcy Code apply to property owned by a debtor?

MultiRegion, United States of America

The following excerpt is from In re Fowler, 493 B.R. 148 (Bankr. E.D. Cal. 2012):

The Constitutional analysis, however, is the same. Section 522(b) allows the States to define what property a debtor may exempt from the bankruptcy estate that will be distributed among his creditors. Owen v. Owen, 500 U.S. 305, 306, 111 S.Ct. 1833, 114 L.Ed.2d 350 (1991).

Other Questions


Does Section 542 of the Bankruptcy and Insolvency Act, 542(1) of the Code of Civil Procedure, which prohibits a debtor from entering into bankruptcy, or does the Debtors have to close the transactions in order to get out of bankruptcy? (federal, United States of America)
When a non-debtor spouse of a debtor is in a bankruptcy proceeding, does the debtor have any interest in property that would have been part of the debtor's estate? (federal, United States of America)
Is there any case law where a bankruptcy court erred when it rejected an appeal from a debtor who argued that the debtor should be declared bankrupt because the debtor was unable to access the debtor's assets? (federal, United States of America)
Is a debtor who transfers property to a non-arms’ length third party who has transferred property subject to the debtor’s subsequent bankruptcy? (Canada (Federal), Canada)
Does section 311 of the Bankruptcy Act give the bankruptcy court exclusive jurisdiction of the debtor and its property, wherever it is located? (MultiRegion, United States of America)
Does a debtor's discharge in bankruptcy affect the lien by judgment which had attached to the debtor's property before he filed his petition in bankruptcy? ("New York", United States of America)
Does Section 192 of the Civil Code of Civil Procedure require a debtor to have written to the government with notice of the debt owed to the debtor before the debtor can claim the debt? (MultiRegion, United States of America)
Does a defendant who files a false bankruptcy petition violate a "judicial order" within the meaning of section 2F1.1(b)(3)(B) of the Criminal Code? (MultiRegion, United States of America)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.