Legal Opinion

In Re Smith

United States Bankruptcy Court, E.D. Arkansas

Decided February 19, 1992No. Bankruptcy 91-30642 SPublished

1Opinion of the Court

ORDER SUSTAINING OBJECTION TO CLAIM OF EXEMPTIONS

MARY D. SCOTT, Bankruptcy Judge.

The debtor lists his residence as exempt property pursuant to Bankruptcy Code section 522 on the grounds that it is his homestead. The debtor’s former wife, Kathy Smith, objects to this exemption, arguing that the debtor, being single, cannot maintain a homestead. In addition, Ms. Smith pleads that her lien may not be avoided. Trial was held on February 4, 1992. Jan Thomas appeared on behalf of the debtor, and Chadd Durrett appeared for Kathy Smith.

The Court has jurisdiction over this matter pursuant to 28 U.S.C.…

2Cases cited9 opinions

  1. Farrey v. SanderfootSupreme Court of the United States · 1991
  2. Smith v. Webb (In Re Webb)United States Bankruptcy Court, E.D. Arkansas · 1990
  3. Ragsdell v. Gazaway Lumber Co.Court of Appeals of Arkansas · 1984
  4. Mack v. MarvinSupreme Court of Arkansas · 1947
  5. Atkinson v. Van EchauteSupreme Court of Arkansas · 1963

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