Legal Opinion

In Re Rupp

United States Bankruptcy Court, W.D. New York

Decided September 26, 2008No. 1-19-10046PublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

MICHAEL J. KAPLAN, Bankruptcy Judge.

The question presented to the Court is whether a debtor who owns a two-family home may claim a homestead exemption in the entire home despite the fact that she rents out one half and lives in the other half. 1

In various parts of the country such homes might be referred to as duplexes, doubles, or simply two-family homes. Some, such as the home involved in the case of In re Brizida, 276 B.R. 316 (Bankr.D.Mass., 2002), consist of over and under flats. In this case, the units are side by side, and have been assigned different street addresses…

2Cases cited14 opinions

  1. Brunson v. Wendover Funding, Inc. (In Re Brunson)United States Bankruptcy Court, W.D. New York · 1996
  2. IRR Supply Centers, Inc. v. Phipps (In Re Phipps)United States Bankruptcy Court, W.D. New York · 1998
  3. In Re LaSotaUnited States Bankruptcy Court, W.D. New York · 2006
  4. In Re HagerUnited States Bankruptcy Court, N.D. New York · 1987
  5. F.C.C. National Bank v. Reid (In Re Reid)United States Bankruptcy Court, W.D. New York · 1999

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3Cited by2 opinions

  1. In re FaulringUnited States Bankruptcy Court, W.D. New York · 2017
  2. In Re TullarUnited States Bankruptcy Court, W.D. New York · 2010

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