Paul, Jr. v. Allred, No. 13-1747 (8th Cir. 2014)Annotate this Case
Debtor 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.