Legal Opinion
In Re Russell
United States Bankruptcy Court, D. Vermont
Decided November 25, 1987No. 14-10061PublishedCited by 2 opinions
1Opinion of the Court
ORDER SUSTAINING OBJECTION TO CLAIM OF EXEMPTION UNDER 11 use § 522(d)(1)
FRANCIS G. CONRAD, Bankruptcy Judge.
This matter 1 is before us on the objection of BNE to Debtor’s claim of a homestead exemption in property under 11 U.S. C. § 522(d)(1). The property in question is owned by the Phoenix Farm Partnership, (PFP), in which Debtor holds a ten (10%) percent interest as a limited partner. The novel question we must decide is whether under Vermont law an individual debtor may claim a homestead exemption in real property occupied by the debtor but owned by a limited partnership in which the…
2Cases cited14 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Butner v. United StatesSupreme Court of the United States · 1979
- Ruckelshaus v. Monsanto Co.Supreme Court of the United States · 1984
- Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
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3Cited by2 opinions
- In Re FlynnUnited States Bankruptcy Court, D. Massachusetts · 1996
- In re HewittUnited States Bankruptcy Court, D. Vermont · 2017