Legal Opinion

In Re Garrett

United States Bankruptcy Court, S.D. Texas

Decided March 31, 2010No. 19-03082PublishedCited by 2 opinions

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

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. Butner v. United StatesSupreme Court of the United States · 1979
  3. Russello v. United StatesSupreme Court of the United States · 1983
  4. Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
  5. Duncan v. WalkerSupreme Court of the United States · 2001

32 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Camp v. IngallsCourt of Appeals for the Fifth Circuit · 2011
  2. In Re Arrendondo-SmithUnited States Bankruptcy Court, W.D. Texas · 2010

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