Legal Opinion

In Re Stewart

United States Bankruptcy Court, C.D. Illinois

Decided May 12, 2011No. 10-81979PublishedCited by 8 opinions

1Opinion of the Court

OPINION

THOMAS L. PERKINS, Chief Judge.

Like many states, Illinois provides its citizens an exemption in proceeds from the sale of a homestead. It is an “expiring” exemption good for one year after receipt of the proceeds the purpose of which is to permit the proceeds to be reinvested in a new home. One question presented is whether a debtor who claims the exemption in homestead proceeds must intend to reinvest the proceeds in another home. The Court holds that he does not have to prove such an intent to assert the exemption. The second question presented is whether a debtor who files…

2Cases cited59 opinions

  1. Butner v. United StatesSupreme Court of the United States · 1979
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  4. Segal v. RochelleSupreme Court of the United States · 1966
  5. Dodd v. United StatesSupreme Court of the United States · 2005

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3Cited by8 opinions

  1. In re AwaydaUnited States Bankruptcy Court, C.D. Illinois · 2017
  2. In re WilliamsUnited States Bankruptcy Court, D. Massachusetts · 2014
  3. In Re LantzUnited States Bankruptcy Court, N.D. Illinois · 2011
  4. In re DepascaleUnited States Bankruptcy Court, N.D. Ohio · 2013
  5. In re RockwellUnited States Bankruptcy Court, D. Maine · 2018

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