- 25 - Stat. 2553, 11 U.S.C. sec. 101(26) (Supp. II, 1978).11 In deter 11Sec. 101(26) of the 1978 Bankruptcy Reform Act provides: (26) “insolvent” means-- (A) with reference to an entity other than a partnership, financial condition such that the sum of such entity’s debts is greater than all of such en- tity’s property, at a fair valuation, exclusive of–- (i) property transferred, concealed, or re- moved with intent to hinder, delay, or defraud such entity’s creditors; and (ii) property that may be exempted from prop- erty of the [bankruptcy] estate under section 522 of this title; * * * 1978 Bankruptcy Reform Act, sec. 101(26), 92 Stat. 2549, 11 U.S.C. sec. 101(26) (Supp. II, 1978). Although there have been amendments to sec. 101(26) of title 11 as originally enacted that were in effect for the year at issue, those amendments are not material to a resolution of the issue presented here under sec. 108. See 11 U.S.C. sec. 101(32) (1994). Sec. 522(b) of the 1978 Bankruptcy Reform Act, 92 Stat. 2586, 11 U.S.C. sec. 522(b) (Supp. II, 1978), which allows a debtor in bankruptcy to exclude exempt title 11 property from property of the debtor’s bankruptcy estate, provides: (b) Notwithstanding section 541 of this title, an individual debtor may exempt from property of the [bankruptcy] estate either–- (1) property that is specified under subsec- tion (d) of this section, unless the State law that is applicable to the debtor under paragraph (2)(A) of this subsection specifically does not so authorize; or, in the alternative, (2)(A) any property that is exempt under Federal law, other than subsection (d) of this section, or State or local law that is applicable on the date of the filing of the petition at the place in which the debtor’s domicile has been (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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