Proper Venue for exemptions
Posted: Sat May 31, 2008 10:14 am
In a message dated 5/31/2008 9:43:45 AM Pacific Daylight Time,
nathanberneman@yahoo.com writes:
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.
Received: from [71.116.185.69] by web31508.mail.mud.yahoo.com via HTTP; Sun,
15 Jan 2006 21:13:03 PST
Date: Sun, 15 Jan 2006 21:13:02 -0800 (PST)
Subject: Proper Venue for exemptions
To: cdcbaa
MIME-Version: 1.0
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
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