Bruess v. Dietz, No. 15-6019 (8th Cir. 2015)
Annotate this CaseThis case arose out of the Chapter 7 bankruptcy proceeding filed by debtor. Debtor appealed from the bankruptcy court's order sustaining the bankruptcy trustee’s objection to her claim of an exemption in certain real property and limiting the exemption to $155,675.00. The court concluded that debtor did not acquire the property in which she claims her homestead exemption within the 1215-day period preceding the filing of the petition pursuant to 11 U.S.C. 522(p)(1)(A), thus limiting her homestead exemption to $155,675.00. In this case, the trustee presented evidence from three sources to the effect that instead of recording the deed immediately after execution, Donn Bruess, debtor's father, left it with his attorney until he determined whether to go forward with that conveyance. Upon consideration of the trustee’s evidence, the bankruptcy court found that Donn Bruess had not surrendered control of the deed with the intent to irrevocably convey the property. The court concluded that the bankruptcy court's findings were not clearly erroneous and affirmed the judgment.
Court Description: Saladino, Author, with Schermer and Nail, Bankruptcy Judges] Bankruptcy Appellate Panel. The bankruptcy court did not err in sustaining the Chapter 7 trustee's objection to debtor's claim of exemption in her real property or in limiting the amount of the exemption, as the record supported the court's finding that debtor acquired her interest in the property within the 1215-day period preceding the filing of the petition as set out in 11 U.S.C. Sec. 522(p)(1)(A). [ October 22, 2015
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