Legal Opinion

In Re Hall

United States Bankruptcy Court, E.D. Tennessee

Decided June 14, 1983No. Bankruptcy 3-83-00005PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM

CLIVE W. BARE, Bankruptcy Judge.

Tenn.Code Ann. § 26-2-301(a) (1980) provides that an individual shall be entitled to a homestead exemption, the aggregate value of which cannot exceed $5,000.00, upon real property owned by the individual and used by him as a principal place of residence. 1 The question before the court is whether an addition to a structure utilized as the debtor’s place of business qualifies as “a principal place of residence.” If so, the court must also determine whether the conversion of nonexempt property on the eve of bankruptcy precludes the debtor from claiming…

2Cases cited5 opinions

  1. White v. StumpSupreme Court of the United States · 1924
  2. Hinds v. BuckTennessee Supreme Court · 1941
  3. First National Bank of Beresford v. Johnson (In Re Johnson)United States Bankruptcy Court, D. South Dakota · 1981
  4. Shanks v. HardinCourt of Appeals for the Sixth Circuit · 1939
  5. Walkup v. CovingtonTennessee Supreme Court · 1938

3Cited by7 opinions

  1. In Re RidenourUnited States Bankruptcy Court, E.D. Tennessee · 1984
  2. Samore v. Breuer (In Re Breuer)United States Bankruptcy Court, N.D. Iowa · 1985
  3. In Re GrossoUnited States Bankruptcy Court, D. New Mexico · 1984
  4. In Re YoungUnited States Bankruptcy Court, E.D. Tennessee · 1984
  5. Luthje v. Luthje (In Re Luthje)United States Bankruptcy Court, D. Montana · 1989

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