Legal Opinion

In Re Brown

United States Bankruptcy Court, N.D. Texas

Decided September 17, 2003No. 19-20055PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

HARLIN D. HALE, Bankruptcy Judge.

May the Debtors, who reside on a military base, utilize Bankruptcy Code § 522(d)(1) and claim a timeshare at a vacation resort as exempt?

Factual Background

The facts are undisputed. Debtors, Richard Allen Brown and Dawn Marie Brown, have their primary residence on a Texas military base. They elected the federal exemptions and seek to exempt their interest in a timeshare located in Orlando, Florida, referred to in their schedules as the “Seaworld Timeshare.” Debtors use this timeshare as a temporary vacation home for, at most, two weeks a year…

2Cases cited25 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. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  4. Nobelman v. American Savings BankSupreme Court of the United States · 1993
  5. Owen v. OwenSupreme Court of the United States · 1991

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3Cited by6 opinions

  1. In re DemeterUnited States Bankruptcy Court, E.D. Michigan · 2012
  2. In re StonerUnited States Bankruptcy Court, D. New Jersey · 2013
  3. Garcia v. BasselDistrict Court, N.D. Texas · 2014
  4. In Re FinkUnited States Bankruptcy Court, E.D. Wisconsin · 2009
  5. Agustin J Jaramillo and Lillian V JaramilloUnited States Bankruptcy Court, D. New Mexico · 2020

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