Legal Opinion
In Re Garrett
United States Bankruptcy Court, S.D. Texas
Decided August 18, 2010No. 19-50016PublishedCited by 15 opinions
1Opinion of the Court
AMENDED MEMORANDUM OPINION 1
MARVIN ISGUR, Bankruptcy Judge.
For the reasons set forth below, the Court holds that (i) the Texas Debtors are eligible for North Carolina’s exemptions pursuant to § 522(b)(3)(A) and (ii) the Debtors are ineligible to exempt any property under § 522(b)(3)(B) and either North Carolina or Texas law. Accordingly, pursuant to § 522(b)(3)(A), the Debtors may exempt $70,000.00 of value from their Texas real property, and balance of their claimed exemptions are allowed.
Background
Dean C. Garrett and Caroline M. Garrett (the “Debtors”) lived in North Carolina from December…
2Cases cited35 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Butner v. United StatesSupreme Court of the United States · 1979
- Russello v. United StatesSupreme Court of the United States · 1983
- Robinson v. Shell Oil Co.Supreme Court of the United States · 1997
- Duncan v. WalkerSupreme Court of the United States · 2001
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3Cited by15 opinions
- In Re FernandezUnited States Bankruptcy Court, W.D. Texas · 2011
- In Re LongUnited States Bankruptcy Court, D. Kansas · 2012
- In re RodyUnited States Bankruptcy Court, D. Arizona · 2012
- Sheehan v. AshDistrict Court, N.D. West Virginia · 2017
- In Re BeckwithUnited States Bankruptcy Court, S.D. Ohio · 2011
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