In Re McNabb

Opinion re Application of BAPCPA to Homestead Claims

RANDOLPH J. HAINES, Bankruptcy Judge.

Debtor has moved for abandonment of his residence from the Chapter 7 estate, asserting that the difference between its appraised value and the secured debt is less than the applicable homestead exemption. Because this case was filed after the enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (“BAPCPA”), however, this raises a number of issues as to which state’s exemption statute applies and whether there is an applicable cap or deduction from the exemption amount. Pending…