Bankr. No.:
00-30078
Chapter:
13
Date of Decision:
April 9, 2001
Issue:
Whether Debtors may claim as a portion of their exempt homestead a lien that one Debtor held on a former marital residence?
Ruling:
The lien interest could not be exempted either as a homestead or as the proceeds of a homestead under S.D.C.L. § 43-45-3(2). The lien was a product of a divorce decree, not the proceeds of a voluntary sale or court-ordered sale under S.D.C.L. ch. 21-19 as required by § 43-45-3(2).
Full Bankruptcy Court Decision:
