Does the bankruptcy court have jurisdiction to deny a debtor's exemption claim?

federal, United States of America

The following excerpt is from Elliott v. Weil (In re Elliott), 544 B.R. 421 (B.A.P. 9th Cir. 2016):

The bankruptcy court had jurisdiction under 28 U.S.C. 1334 and 157(b)(2)(B). An order denying a debtor's exemption claim is a final order. Preblich v. Battley, 181 F.3d 1048, 1056 (9th Cir.1999). We have jurisdiction under 28 U.S.C. 158.

Other Questions


Does a debtor's decision not to claim a state-law homestead exemption in a home that is property of the debtor's bankruptcy estate bind the wife to claim the exemption? (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)
Does a bankruptcy court have jurisdiction to deny an exemption from bankruptcy? (federal, United States of America)
Does a federal district court have jurisdiction to hear a claim that a federal court lacks subject matter jurisdiction? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
What are the implications of a federal bankruptcy court's affirmance of a bankruptcy court order requiring the debtor to repay a judgment against him? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
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)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.