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ABI Journal

522

Follow the Rules or Lose an Exemption in a New Home While in Chapter 13

Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.

A Nonprimary Residence May Nonetheless Qualify for a Federal Exemption

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.

Filing in a State Doesn’t Always Require Claiming Exemptions Under that State’s Laws

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.