In Re Garrett
United States Bankruptcy Court, S.D. Texas
1Opinion of the Court
MEMORANDUM OPINION
MARVIN ISGUR, Bankruptcy Judge.
For the reasons set forth below, the Court holds that (i) the Garretts (who are Texas residents) are eligible for North Carolina’s exemptions pursuant to § 522(b)(3)(A), and (ii) the Garretts are ineligible to exempt any property under § 522(b)(3)(B). Accordingly, pursuant to § 522(b)(3)(A) and North Carolina law, the Garretts may exempt $70,000.00 of value from their Texas real property.
The Garretts’ personal property exemptions are allowed.
Background
Dean C. Garrett and Caroline M. Garrett (the “Garretts”) lived in North Carolina from December…
2Cases cited37 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Russello v. United StatesSupreme Court of the United States · 1983
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Duncan v. WalkerSupreme Court of the United States · 2001
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