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In re Dorothy Davis

Bankr. No.: 
02-41376
Chapter: 
7
Date of Decision: 
May 29, 2003
Issue: 
Whether case trustee could now or in the future realize the equity in Debtor’s home that exceeded $30,000?
Ruling: 
Since Debtor was older than 70 when she filed bankruptcy, under S.D.C.L. § 43-45-3, the case trustee could not force a sale of her homestead to realize any equity she had in it in excess of $30,000. Further, since Debtor’s entitlement to her homestead exemption was fixed on the petition date, the trustee could not hold the case open awaiting the day when the house would no longer be her homestead. Left to be decided another day were three constitutional challenges to § 43-45-3 that the trustee made.
Full Bankruptcy Court Decision: