Legal Opinion · Dissent

CBI Inc. v. Sharon McCrea

Montana Supreme Court

Decided August 9, 2012No. DA 11-0708Published

1DissentJustice Baker

¶23 The law in this state is that courts will construe exemption laws liberally in favor of the debtors for whose benefit they were enacted, so long as plain legislative mandates are not disregarded. See e.g. In re Archer, 2006 MT 82, ¶ 15, 332 Mont. 1, 136 P.3d 563; Neel v. First Fed. Sav. & Loan Assn. of Great Falls, 207 Mont. 376, 383, 675 P.2d 96, 100 (1984); Oregon Mortgage Co. v. Dunbar, 87 Mont. 603, 606, 289 P. 559, 560 (1930). For as long as Montana has been a state, its Constitution has required the Legislature to “enact liberal homestead and exemption laws.” 1972 Mont. Const, art.…

2Cases cited10 opinions

  1. Memphis Light, Gas & Water Division v. CraftSupreme Court of the United States · 1978
  2. Neel v. First Federal Savings & Loan Assoc.Montana Supreme Court · 1984
  3. First Bank (NA)-Billings v. HeidemaMontana Supreme Court · 1986
  4. Stewart v. . BrownNew York Court of Appeals · 1867
  5. Greenup v. RussellMontana Supreme Court · 2000

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