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Another homestead exemption question
I am not very experienced in BestCase/exemptions because they only come up
during liquidation analysis for Chapter 11's. Disclaimer aside,
704.710(b)(2)(D) seems to cover you.
BestCase is giving you the example underlined under (A), I also underlined
(D) to make it easier to see.
(b) "Family unit" means any of the following:
(1) The judgment debtor and the judgment debtor's spouse if the
spouses reside together in the homestead.
(2) The judgment debtor and at least one of the following persons
who the judgment debtor cares for or maintains in the homestead:
(A) The minor child or minor grandchild of the judgment debtor or
the judgment debtor's spouse or the minor child or grandchild of a
deceased spouse or former spouse.
(B) The minor brother or sister of the judgment debtor or judgment
debtor's spouse or the minor child of a deceased brother or sister
of either spouse.
(C) The father, mother, grandfather, or grandmother of the
judgment debtor or the judgment debtor's spouse or the father,
mother, grandfather, or grandmother of a deceased spouse.
(D) An unmarried relative described in this paragraph who has
attained the age of majority and is unable to take care of or support
himself or herself.
(3) The judgment debtor's spouse and at least one of the persons
listed in paragraph (2) who the judgment debtor's spouse cares for or
maintains in the homestead.
Sincerely,
Michael Avanesian Esq.
michael@avanesianlaw.com
818-817-1725
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Interesting situation. Was preparing Chapter 7. I use BestCase. Client has equity in the house (believe it or not) so I went to click on the appropriate exemption, which Best Case already has in it. In this case, its $100,000, ccp 704.730. Now, when you click on the exemption in Best Case, it gives a description of the exemption, and in this case it says Debtor's spouse or minor dependent"
That made me go to the Code, where I see no mention of minor dependent. It says "is a member of a family unit, and there is at least one member of the family unit whose owns no interest in the homestead or whose only interest is a community property interest..."
My client is a single mom, whose kid is going to turn 18 in a week and a half. He still lives at home, and is claimed as a dependent and will continue to be. I plan on having this filed in the next couple of days anyway, so it won't be an issue, but I'm just curious - would she be screwed out of the $100,000 exemption on the kid's birthday, or is this a glitch in Best Case?
Todd Mannis
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