Summary
holding that debtor could not claim homestead in rural property which he owned but did reside and to which he indicated no intent to return
Summary of this case from Paul v. Allred (In re Paul)Opinion
Bankr. No. 96-30095
April 2, 1997
James E. Carlton, Pierre, SD., for Roger L. Dice, Debtor.
Donald E. Covey, Winner, SD., Bruce J. Gering, and David A. Hill, for John S. Lovald, Trustee.
John M. Grossenburg, Winner, SD., for Debra Dice.
ORDER RE: OBJECTION TO EXEMPTIONS
In recognition of and compliance with the letter decision entered this day,
IT IS HEREBY ORDERED that Debtor had no homestead interest on the petition date that he can declare exempt under S.D.C.L. § 43-31-1; and
IT IS FURTHER ORDERED that Debtor may not declare any real property exempt under S.D.C.L. § 43-45-4; and
IT IS FURTHER ORDERED that Debtor has head of household status for the purpose of declaring exempt under S.D.C.L. § 43-45-4 personalty valued at $4,000.00.