Date of Decision:
October 27, 2010
Whether Debtors, who were married but separated on the petition date, were both the head of a family within the meaning of S.D.C.L. § 43-45-4 and were thus both entitled to claim $6,000.00 exempt under that statute?
No. Because they were still married on the petition date, Debtors and their children comprised a single family, within the plain and ordinary meaning of that word. Debtor-wife's monthly income was greater than Debtor-husband's monthly income. She was thus the head of the family and was entitled to claim $6,000.00 exempt under S.D.C.L. § 43-45-4. Debtor-husband was entitled to claim only $4,000.00 exempt under that statute.
Full Bankruptcy Court Decision: