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

[Mark Anderson]

>From a member of another listserv:

Only an individual can file a 13 case, but once filed an estate can operate the plan, complete it, etc.  Sounds like that is what happened here.
The executor would need to petition to reopen, then file the motion to avoid the lien(s).

Mark B. Anderson
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: 08/31/2023 9:13 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] May a deceased Person's estate claim homestead exemption

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
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email: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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