Paul, Jr. v. Allred, No. 13-1747 (8th Cir. 2014)
Annotate this CaseDebtor appealed the bankruptcy court's order, affirmed by the bankruptcy appellate panel, granting summary judgment in favor of the trustee regarding debtor's homestead exemption. The court affirmed, concluding that debtor never asserted an intention to move back into the property at issue nor had he refuted his statement at the 11 U.S.C. 341 meeting that he did not expect to live at the property at any point in the future. Further, denying the homestead exemption did not violate Article XXI, section 4 of the South Dakota Constitution where debtor removed himself from the property with no fixed or actual intent to return.
Court Description: Bankruptcy Case - homestead exemption. Where debtor moved out of Spark Street property and asserted he did not expect to live at the property at any point in the future, debtor may not claim property as homestead under South Dakota law. No constitutional violation occurred. [ January 10, 2014
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