In Re Snyder

¶1 The United States Bankruptcy Court for the District of Montana has certified the following question to this Court pursuant to M. R. App. P. 44:

Under Montana’s liberal construction of exemptions, is a debtor allowed to trace proceeds from the sale of the debtor’s home when the debtor had not filed a homestead declaration prior to selling the home?

We accepted the certified question by order filed on March 22, 2006. For the reasons set forth below, we answer the question “yes, if the homestead is otherwise eligible for exemption pursuant to § 70-32-216, MCA.”

BACKGROUND

¶2 Mary A. Snyder filed…