Smith v. Wellberg (In Re Wellberg)

MEMORANDUM OPINION

HAL. J. BONNEY, Jr., Bankruptcy Judge.

In this case of first impression under the Bankruptcy Code, the Court considers the unique domicile — residence situation of the serviceman and the need to prevent exemption shopping.

In tneir joint petition for bankruptcy, the Wellbergs claimed the Federal exemptions of property. Their principal asset is a parcel of real estate in the land of sky blue waters on which they hope to build a home upon his retirement from the United States Navy. The debtors place a value of $10,000 on it, each claiming a $5,000 interest.

11 U.S.C. § 522 sets…