Yes — in Wisconsin anyhow. In a Wisconsin case, debtor had a semi truck with a cab and he wanted to exempt it under that state’s homestead exemption. He sleeps in the cabin, has a bunk bend, refrigerator, radio, heater and a/c but no bathroom or kitchen. Read more…
All posts tagged homestead exemption
Case Brief – In re Diaz, a different view of the homestead exemption
The Diaz case (In re Diaz, 547 B.R. 329, 9th Cir. BAP), has not received enough love but I find it to be too fascinating not to write about because of its potential for so much advantage!
There were essentially two holdings in the case:
- The California homestead exemption contains a “residence” requirement which includes an “intent” component; and
- The burden is on the Debtor to prove intent.
The intent component of the residence requirement requires that debtors have a bona fide intention to make the premises their home or residence.
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