Thaw v. Moser

Appellant is the non-debtor spouse of debtor. Appellant claimed a homestead exemption in property held jointly with debtor that is subject to a forced sale in debtor's bankruptcy proceedings, contending that the sale is a Fifth Amendment taking and that she is entitled to just compensation. The court held, however, that the forced sale of the property by operation of section 363 of the Bankruptcy Code, 11 U.S.C. 363, is not a taking of appellant's homestead where any potential property interest was acquired after the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), Pub. L. 109-8, 119 Stat. 23-217. Accordingly, the court affirmed the judgment of the district court concluding that there was no unconstitutional taking. View "Thaw v. Moser" on Justia Law