In re Brown
Jul
23
2007
Ruling
State exemption scheme was authorized by bankruptcy code and not in the conflict with federal exemptions.
Procedural posture
In consolidated cases, bankruptcy debtors variously claimed exemptions under state law for cash and a motor vehicle, and one debtor claimed a homestead exemption. A judgment creditor of both debtors objected to the exemptions on the grounds that the state exemptions conflicted with federal bankruptcy law and that the retroactive homestead exemption was an unconstitutional taking.
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Court
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