Legal Opinion

In Re Evans

United States Bankruptcy Court, D. South Carolina

Decided December 5, 2006No. 19-00440PublishedCited by 5 opinions

1Opinion of the Court

ORDER

HELEN E. BURRIS, Bankruptcy Judge.

Before the Court is the objection by the Trustee in each of the above captioned cases to the Debtors’ claimed homestead exemptions. The Court allowed the above parties to consolidate briefing and hearings in the cases. The issues raised in each objection and response are the same, and there are no facts in dispute. The question before the Court is whether the Debtors may claim the more favorable exemption provided in the recently enacted South Carolina Home Security Act (“Home Security Act”) 1 or whether they are limited to the lesser homestead exemption…

2Cases cited24 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. Energy Reserves Group, Inc. v. Kansas Power & Light Co.Supreme Court of the United States · 1983
  3. Owen v. OwenSupreme Court of the United States · 1991
  4. Edwards v. KearzeySupreme Court of the United States · 1878
  5. City of El Paso v. SimmonsSupreme Court of the United States · 1965

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3Cited by5 opinions

  1. CFCU Community Credit Union v. HaywardCourt of Appeals for the Second Circuit · 2009
  2. In Re SimsUnited States Bankruptcy Court, D. South Carolina · 2010
  3. In Re VaranasiUnited States Bankruptcy Court, S.D. Ohio · 2008
  4. 1256 Hertel Avenue Associates, LLC v. CallowayDistrict Court, W.D. New York · 2012
  5. In re: CFCU Community Credit UnionCourt of Appeals for the Second Circuit · 2009

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