In re Peake
Oct
15
2012
Ruling
Trustee's objection to homestead exemption overruled as debtor did not receive interest in property within 1215 days of petition date and was not subject to cap.
Procedural posture
Before the court was the chapter 7 trustee's objection to debtor's homestead exemption. The trustee objected to the exemption of debtor's share of the homestead, claiming that he acquired all of it within 1,215 days of filing and that any equity he had in it was subject to the 11 U.S.C.S. § 522(p) limitation.
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Court
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