In Re Walston

OPINION

KENNETH J. MEYERS, Bankruptcy Judge.

The debtor, after entering into a contract to sell her residence, filed for bankruptcy relief and claimed her deceased husband’s homestead exemption as well as her own homestead exemption under Illinois law. The trustee objected to this double claim of exemptions, contending that despite the debtor’s status as a surviving spouse, she is limited under Illinois law to $7,500 from the proceeds of sale of the homestead residence. At issue is whether the debtor may claim both her deceased husband’s $7,500 exemption and her own $7,500 exemption or whether…