Legal Opinion

In Re Lingerfelt

United States Bankruptcy Court, E.D. Tennessee

Decided April 7, 1995No. Bankruptcy 94-14552PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM

JOHN C. COOK, Bankruptcy Judge.

This case came on to be heard upon the trustee’s objection to the debtors’ claim of a homestead exemption. The determinative issue in this ease is whether the holder of a remainder interest in a life estate may claim the Tennessee homestead exemption provided for by Tenn.Code Ann. § 26-2-301, which reads in pertinent part:

An individual, regardless of whether he is head of a family, shall be entitled to a homestead exemption upon real property which is owned by the individual and used by him, his spouse, or a dependent, as a principal place of residence.

2Cases cited2 opinions

  1. Butler v. ParkerTennessee Supreme Court · 1956
  2. Howell v. JonesTennessee Supreme Court · 1892

3Cited by6 opinions

  1. In Re RasmussenDistrict Court, E.D. New York · 2011
  2. In Re HankelUnited States Bankruptcy Court, D. North Dakota · 1998
  3. In Re LewisUnited States Bankruptcy Court, N.D. Florida · 1998
  4. In Re PettitUnited States Bankruptcy Court, M.D. Florida · 1999
  5. In re WilsonUnited States Bankruptcy Court, E.D. Tennessee · 2006

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