Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.
A debtor may have a valid ‘homestead’ exemption without residing in the property, so long as a dependent does reside there, the Second Circuit rules.
The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.
Feb 2021