No. 23-655
Lawrence J. Warfield v. United States
Tags: bankruptcy-estate debtor-interests homestead-exemption penalty-lien tax-delinquencies trustee-avoidance trustee-rights unsecured-creditors
Latest Conference:
2024-04-19
Question Presented (from Petition)
When a bankruptcy court allows a state homestead exemption, is the debtor's exempt interest in the residence instantaneously removed from the bankruptcy estate in a manner that defeats the trustee's federal statutory right to avoid a penalty lien on the residence and all of the debtor's interests in it for the benefit of unsecured creditors?
Question Presented (AI Summary)
When a bankruptcy court allows a state homestead exemption, is the debtor's exempt interest in the residence instantaneously removed from the bankruptcy estate in a manner that defeats the trustee's federal statutory right to avoid a penalty lien on the residence and all of the debtor's interests in it for the benefit of unsecured creditors?
Docket Entries
2024-04-22
Petition DENIED.
2024-04-03
DISTRIBUTED for Conference of 4/19/2024.
2024-03-29
Reply of petitioner Lawrence J. Warfield filed.
2024-03-18
Brief of respondent United States in opposition filed.
2024-02-07
Motion to extend the time to file a response is granted and the time is further extended to and including March 18, 2024.
2024-02-06
Motion to extend the time to file a response from February 16, 2024 to March 18, 2024, submitted to The Clerk.
2024-01-05
Motion to extend the time to file a response is granted and the time is extended to and including February 16, 2024.
2024-01-03
Motion to extend the time to file a response from January 17, 2024 to February 16, 2024, submitted to The Clerk.
2023-12-14
Petition for a writ of certiorari filed. (Response due January 17, 2024)
Attorneys
Lawrence J. Warfield
Susan M. Freeman — Lewis Roca LLP, Petitioner
United States
Elizabeth B. Prelogar — Solicitor General, Respondent