Bankr. No.:
96-30095
Chapter:
7
Date of Decision:
April 2, 1997
Issue:
(1) Whether the debtor was a head of household under S.D.C.L. § 43-45-4 where he resided with his fiancee and her children and where he paid support for his minor daughter? (2) Whether the debtor could declare a homestead exempt under S.D.C.L. § 43-31-1 where he resided elsewhere on the petition date? (3) Whether the trustee could abandon certain cattle from the estate under 11 U.S.C. § 554(a) where the sale of the cattle would generate a tax obligation to the debtor?
Ruling:
(1) The debtor is a head of household under § 43-45-4 because he pays support for his daughter. (2) The debtor could not declare a homestead exempt under § 43-31-1 because he did not reside on the property on the petition date, he evidenced no intent to return, and he did not live elsewhere for job or health reasons. (3) Trustee could abandon cattle because they were burdensome to the estate. Tax ramifications for the debtor are not part of the requirement or considerations for abandonment under § 554(a).
Full Bankruptcy Court Decision:
