From left: Elisa Hyder and Rudolph J. DiMassa Jr. of Duane Morris. NJ Bankruptcy Court: Chapter 13 Debtor Lacks Standing to Bring Avoidance Action
Because the debtor's objective was solely to recover title to the property in order to preserve her homestead exemption, and because the relief the debtor sought was not limited to the value of her exemption, the Nealy court held that the debtor could not pursue her requested relief.
September 29, 2022 at 01:26 PM
7 minute read
Bankruptcy
In Nealy v. Ivy Holdings (In re Nealy), 623 B.R. 278 (Bankr. D.N.J. 2021), the U.S. Bankruptcy Court for the District of New Jersey found that a Chapter 13 debtor lacked authority to bring an action to avoid the transfer of her family's real property in a prepetition foreclosure sale. Because the debtor's objective was solely to recover title to the property in order to preserve her homestead exemption, and because the relief the debtor sought was not limited to the value of her exemption, the Nealy court held that the debtor could not pursue her requested relief.
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