[WSBARP] May a deceased Person's estate claim homestead exemption

[Jeff at bellanddavispllc.com]

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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