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In re Garstecki

In re Garstecki

Ruling
Debtor placed in nursing home after filing date could claim homestead exemption in former residence.
Procedural posture

Judgment creditor bank raised objections to the debtor's claim of homestead and vehicle exemptions under Kan. Stat. Ann. §§ 60-2301 and 60-2304(c), and debtor's related motion to avoid the creditor's lien under 11 U.S.C. § 522(f)(1)(A). A guardian and a conservator had been appointed for debtor, who had been moved for health reasons from his residence to a nursing home.

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opinion summary, case decided on August 16, 2006 , LexisNexis #0906-123