Legal Opinion

In Re Tullar

United States Bankruptcy Court, W.D. New York

Decided August 18, 2010No. 1-19-10439PublishedCited by 1 opinion

1Opinion of the Court

FINDINGS, OPINION AND ORDER, AFTER EVIDENTIARY HEARING

MICHAEL J. KAPLAN, Bankruptcy Judge.

This Chapter 7 case presents a matter of first impression under the Homestead Law of the State of New York. 1 That question is whether the Debtor, who, ten months prior to the filing of his Chapter 7 Petition gave up his apartment because he could no longer afford it, and moved all of his personal belongings into the large “sleeper” cab of his Peterbilt truck (which is also his sole source of income), may claim the $24,000 equity in the truck as exempt under the New York “Homestead” exemption. 2 He…

2Cases cited11 opinions

Norris v. ThomasTexas Supreme Court · 2007
Wornick v. GaffneyCourt of Appeals for the Second Circuit · 2008
In Re MeolaUnited States Bankruptcy Court, S.D. Florida. · 1993
In Re HagerUnited States Bankruptcy Court, N.D. New York · 1987
In Re IrwinUnited States Bankruptcy Court, D. Arizona · 2003

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3Cited by1 opinion

Labbadia, III v. MartinUnited States Bankruptcy Court, D. Connecticut · 2019