522

Debtor Can’t Avoid and Preserve a Lien for Tax Penalties for the Debtor’s Benefit

A trustee can avoid and preserve a tax lien for the benefit of unsecured creditors, but a debtor can’t if the debtor hasn’t paid the taxes, the Ninth Circuit says.
Court: 

Homestead Proceeds May Be Exempt Under State Law but Not Under Federal Exemptions

Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?

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