In re Cutignola
May
18
2011
Ruling
Debtor could claim homestead exemption in property obtained postpetition upon death of debtor spouse.
Procedural posture
The chapter 7 trustee sought turnover of an individual retirement account (IRA) and homestead exemption, which were owned by the deceased debtor, on the grounds that they passed to the bankruptcy estate upon her death post-petition. The debtor, the decedent's spouse, opposed the motion, arguing that the assets retained their exempt status, having passed to him as the beneficiary of his spouse's will.
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Court
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