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703.730 Homestead Exemption Claimed
Indeed. But my understanding is that there are two forms of homestead
exemption under the CCP; automatic and declared. A member gave me an
email offline that has a case # where I can see the brief supporting the
validity of my exemption (phew! And much thanks) I was pretty
confident of it when I took it, but nothing like an objection to at
least temporarily erode confidence.
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The ccp is a state law exemption.
Jonathan
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Jonathan D. Leventhal, Esq.
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Listmates:
I filed a 522(f) motion on a residence that was attached when the debtor
was single and the homestead exemption was only $50K.
I took the $100,000 CCP 703.730 exemption because that is what it was at
the time of filing for a married person, and he got married prepetition.
I know that the homestead exemption I claimed is good against the
Trustee, but is it against this particular creditor? I am taking the
"automatic homestead exemption" instead of the one under state law.
Creditor has objected and stated the lien is subject to the provisions
of 704.965.
I know I need to research this further on my own, but if anyone has
"been there, done that" already please let me know. I am also posting
this because I think it is interesting-- at least I hope so.
So is my claim of exemption valid?
Steve
Law Offices of Steven B. Lever
>
> Steven B. Lever
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