In re Anderson
Oct
02
2007
Ruling
Equity accumulated in homestead during look back period did not limit exemption.
Procedural posture
A bankruptcy debtor claimed a homestead exemption which was unlimited under state law, but the bankruptcy trustee asserted that the exemption was limited by 11 U.S.C. § 522(p) based on the equity in the homestead which the debtor accumulated by paying down the mortgage on the homestead during the 1,215-day look-back period of section 522(p). The trustee objected to the claimed exemption and moved for summary judgment.
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Court
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