Proper Venue for exemptions
Posted: Sat May 31, 2008 10:44 am
Great job Nate!
Nathan Berneman wrote: Many of you may recall my homestead exemption case in Santa Barbara. If not, I have attached a copy of my original question to the group back in 2006 or so.
Just to let you know the scene of events:
1. Trustee filed Objection to Homestead Exemption and LOST;
2. Trustee appealed the decision to the BAP and in 2006 and LOST;
3. Around 9/2006, Trustee appealed the decision to the 9th Circuit who just heard the case on 5/7/08 and made a final decision (ATTACHED) on 5/14/08 - TRUSTEE LOST AGAIN.
A. The court found that TEMPORARY ABSENCE FROM A RESIDENCE STILL COUNTS FOR A PERSON TO CLAIM AN AUTOMATIC HOMESTEAD EXEMPTION.
I am thrilled to now be done with this case as the Trustee finally got the point and filed a No-Asset Report last week. My client should now, after 3 years, receive her discharge.
Nate Berneman
Note: forwarded message attached.
Date: Sun, 15 Jan 2006 21:13:02 -0800 (PST)
Subject: Proper Venue for exemptions
To: cdcbaa
I filed a Chapter 7 in August 2005 in Santa Barbara. Debtor lives in Santa Cruz , California where she owns a house but she has been visiting her niece in Moorpark since April or May, 2005 due to depression, etc.
I took the homestead exemption for $150,000 due to debtor being over 55 years of age and earning less than $15,000 in the 12 months prior plus she has owned the house for more that 4 years along with her partner.
I just received a message from the client that the Trustee has filed an Objection to the homestead exemption. (Stipulation was filed that allowed Objections to be filed until 1/30/06). I have not seen it yet, but I assume it is based on venue purposes.
I have reviewed cases where debtor filed in one State, resided in another State and took the other State's exemptions.
Does anyone have any case law where one filed in a different district, etc. in the same State? Has anyone had a similar situation?
Thanks,
Nate Berneman
Yahoo! Photos
Got holiday prints? See all the ways to get quality prints in your hands ASAP.
Great job Nate! Nathan Berneman <nathanberneman@yahoo.com> wrote: Many of you may recall my homestead exemption case in Santa Barbara. If not, I have attached a copy of my original question to the group back in 2006 or so.Just to let you know the scene of events:1. Trustee filed Objection to Homestead Exemption and LOST;2. Trustee appealed the decision to the BAP and in 2006 and LOST;3. Around 9/2006, Trustee appealed the decision to the 9th Circuit who just heard the case on
idEContent> I filed a Chapter 7 in August 2005 in Santa Barbara. Debtor lives in Santa Cruz , California where she owns a house but she has been visiting her niece in Moorpark since April or May, 2005 due to depression, etc.I took the homestead exemption for $150,000 due to debtor being over 55 years of age and earning less than $15,000 in the 12 months prior plus she has owned the house for more that 4 years along with her partner.I just received a message from the client that the Trustee has filed an Objection to the homestead exemption. (Stipulation was filed that allowed Objections to be filed until 1/30/06). I have not seen it yet, but I assume it is based on venue purposes.I have reviewed cases where debtor filed in one State, resided in another State and took the other State's exemptions.Does anyone have any case law where one filed in a different district, etc. in the same State? Has anyone
had a similar situation?Thanks,Nate Berneman Yahoo! PhotosGot holiday prints? See all the ways to get quality prints in your hands ASAP.
The post was migrated from Yahoo.