Judge McGarrity

In re Fink

The chapter 7 trustee filed an objection to the debtor's claim of $ 20,200 as a homestead exemption, where the debtor had quitclaimed his interest in the family residence to his former wife eight years prior, although he retained a mortgage lien on the property under their property settlement. The debtor opposed the objection, asserting his claim of exemption was valid under 11 U.S.C.S. § 522(d)(1).
Ruling: 
Debtor who no longer owned or resided in property did not qualify for homestead exemption under either Bankruptcy Code or state law.
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Consumer case opionion summary, case decided on October 27,2009, LexisNexis #1209-046
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