11/12/2012 02:16:00 PM EST
In re Demeter, 478 B.R. 281 (Bankr. E.D. Mich. 2012)
Collier on Bankruptcy was cited in this recent decision:
Collier on Bankruptcy section cited: 4 Collier on Bankruptcy ¶ 522.01 (accessible by lexis.com subscribers)
Lexis.com subscribers can view the enhanced version of In re Demeter.
LexisNexis Overview: Debtors owned two homes as of the petition date, and regularly lived in each home part of each year. Each property consists of a single-family home. Debtors argued that both properties were their residences, and that they could claim an exemption in either property under § 522(d)(1). The trustee asserted that the exemption could only be claimed in a debtor's primary residence. The court found that the term "residence" as used in § 522(d)(1), unambiguously was not limited to a "principal residence," and that a debtor could thus have more than one "residence." Because the federal interest exception applied, the court was not required to interpret the meaning of "residence" solely by reference to state law [an annotated version of 11 U.S.C.S. § 522 is available to lexis.com subscribers].
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