Legal Opinion

In Re Gill

United States Bankruptcy Court, W.D. Kentucky

Decided May 23, 1986No. 19-30537Published

1Opinion of the Court

MEMORANDUM OPINION

MERRITT S. DEITZ, Jr., Bankruptcy Judge.

Here an objecting creditor urges us to formulate a new common law rule which would radically alter Kentucky’s statutory grant of homestead exemptions. The proposed rule would have us measure the homestead not by the four comers of the deed, but by the fence around the curti-lage. For reasons both practical and legal we reject the argument. The facts may be summarized in a single paragraph.

For the past several years the debtors, Gene and Helen Gill, 1 have resided on a 55-acre farm in Carlisle County, Kentucky. The farm is subject to…

2Cases cited11 opinions

  1. Commissioner v. Estate of BoschSupreme Court of the United States · 1967
  2. Henry Clay Tignor v. William C. Parkinson, Jr., in Re Henry Clay Tignor, DebtorCourt of Appeals for the Fourth Circuit · 1984
  3. In Re BennettUnited States Bankruptcy Court, W.D. Kentucky · 1984
  4. Eugene Cole and Mary Cole, His Wife v. Thomas A. Cardoza, District Director, United States, Internal Revenue ServiceCourt of Appeals for the Sixth Circuit · 1971
  5. Brewer v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1937

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