WAWB Best Practices: In re Masingale - "100% of Value" Exemption Claim

Release Date: 
Mon, 01/09/2023

The WAWB Best Practices series announces its most recent installment: In re Masingale: "100% of Value" Exemption Claim, an article by Katherine Culbertson, Law Clerk to Hon. Brian Lynch. The article addresses the recent 9th Circuit BAP case of In re Masingale, 644 B.R. 530 (B.A.P. 9th Cir 2022).  Masingale considers (1) whether the absence of an objection to the homestead exemption claim means the exemption is valid; and (2) whether the exemption was claimed in the full market value at the time of filing or at the time of sale. A .pdf version of the article is linked here.

The WAWB Best Practices series is designed to benefit new and seasoned bankruptcy professionals. Each article focuses on a different aspect of a bankruptcy case or procedure. View all articles in the series at https://www.wawb.uscourts.gov/content/wawb-best-practices-tips