McCallister v. Wells

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO In the Matter of: Case No. 4:20-cv-00086-BLW DUSTIN JADE WELLS, MEMORANDUM DECISION Debtor, AND ORDER ______________________________ KATHLEEN McCALLISTER, Plaintiff, v. DUSTIN JADE WELLS, Defendant. INTRODUCTION This appeal deals with a so-called “vanishing homestead exemption”1 in the context of a Chapter 13 bankruptcy. In 2019, Debtor Dustin Jade Wells declared bankruptcy and claimed his home as exempt under Idaho statutory law. Later, during the pendency of his bankruptcy, Wells sold the home with no intent of reinvesting the proceeds…