[WSBARP] May a deceased Person's estate claim homestead exemption
Jeff at bellanddavispllc.com
Jeff at bellanddavispllc.com
Thu Aug 31 09:12:33 PDT 2023
Listmates:
This is really a bankruptcy question, but the underlying issue is the
homestead exemption. Decedent died just months short of completing a
chapter 13 plan. Bankruptcy attorney retired before bringing a 522(f)
motion to avoid judgment liens. We opened the probate, the estate made the
final plan payments, obtained a waiver of the final obligations to receive a
discharge, i.e, compete the second online coarse, etc, and obtained the
discharge. The burning question is can the estate bring a 522(f) motion to
avoid judgment liens as impairing the homestead exemption? I could not find
any bankruptcy cases dealing with this issue. Does the homestead go away
when a person dies? Your thoughts.
Jeff
W. Jeff Davis
BELL & DAVIS PLLC
Attorneys at Law
P.O. Box 510
720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129
Fax: (360) 683.1258
email: <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
<http://www.bellanddavispllc.com/> www.bellanddavispllc.com
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