Legal Opinion

Anderson v. Kaler (In Re Anderson)

North Dakota Supreme Court

Decided August 22, 2019No. 20180424Published

1Opinion of the Court

Crothers, Justice.

*507 [¶1] The United States Bankruptcy Court for the District of North Dakota asks whether a married debtor is entitled to an exemption up to $100,000 for his undivided one-half interest in homestead property jointly owned with a nondebtor. We answer the certified question "yes."

I

A

[¶2] The parties stipulated to the Bankruptcy Court's factual summary:

"Debtor Michael Lee Anderson petitioned for bankruptcy relief on June 19, 2018. On the same day, he filed a schedule of exempt assets, claiming an $81,600 exemption in the following described real property under sections 28-22-02(7),…

2Cases cited8 opinions

  1. Neel v. First Federal Savings & Loan Assoc.Montana Supreme Court · 1984
  2. Schoenfeld v. NorbergCalifornia Court of Appeal · 1970
  3. Farstveet v. RudolphNorth Dakota Supreme Court · 2001
  4. McKechnie v. BergNorth Dakota Supreme Court · 2003
  5. D'Avignon v. PalmisanoDistrict Court, D. Vermont · 1982

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