Fwd: Proper Venue for exemptions - FINAL DECISION FROM 9TH CIRCUIT
Posted: Sat May 31, 2008 3:23 pm
Thanks. But I didn't work on the BAP and 9th Circuit alone. Jan Lawson help tremendously as well.
Nate
"Law Offices of Louis J. Esbin" wrote: Congratulations, Nate. Hope you attend the June 19th BAP Dinner. You
will most certainly should be recognized for your efforts!! Lou Esbin
--- In cdcbaa@yahoogroups.com, P L wrote:
>
> 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.
>
Thanks. But I didn't work on the BAP and 9th Circuit alone. Jan Lawson help tremendously as well.Nate"Law Offices of Louis J. Esbin" <Esbinlaw@sbcglobal.net> wrote: Congratulations, Nate. Hope you attend the June 19th BAP Dinner. You will most certainly should be recognized for your efforts!! Lou Esbin --- In cdcbaa@yahoogroups.com, P L <petermlively2000@...> wrote: > > Great job Nate! > > Nathan Berneman
<nathanberneman@...> 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
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. >
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