Legal Opinion

In re Colon

United States Bankruptcy Court, D. Puerto Rico

Decided January 12, 2015No. 14-5135 (ESL)PublishedCited by 2 opinions

1Opinion of the Court

*2 OPINION AND ORDER

ENRIQUE S. LAMOUTTE, Bankruptcy Judge.

This case is before the court upon the Objection to Debtor(s) Claimed Exemptions filed by the Chapter 13 Trustee (the “Objection ”, Docket No. 17) and the Reply thereto filed by the Debtors (Docket No. 34). The Chapter 13 Trustee claims that only one co-debtor may claim a homestead right under Puerto Rico’s Home Protection Act No. 195 enacted on September 13, 2011 (the “2011 PR Home Protection Act”), 31 L.P.R.A. §§ 1858 et seq., as amended. The Debtors contend that they are both entitled to claim the homestead exemption. For the reasons…

2Cases cited5 opinions

  1. Taylor v. Freeland & KronzSupreme Court of the United States · 1992
  2. Christo v. Yellin (In Re Christo)Bankruptcy Appellate Panel of the First Circuit · 1999
  3. In Re GoldbergUnited States Bankruptcy Court, N.D. Oklahoma · 1986
  4. In re GentileDistrict Court, D. Massachusetts · 2012
  5. In re Diaz CollazoUnited States Bankruptcy Court, D. Puerto Rico · 2015

3Cited by2 opinions

  1. In re RiveraUnited States Bankruptcy Court, D. Puerto Rico · 2016
  2. Noreen Wiscovitch Rentas, as Trustee for the Estate of Pedro L. Rentas Reyes v. Norma Luz Hernandez MonteroUnited States Bankruptcy Court, D. Puerto Rico · 2017

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