[CLBS] acreage

[Ford Elsaesser]

I remember-I lost that decision.....

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Randal French
Sent: Monday, February 24, 2014 4:09 PM
To: cldlaw at gmail.com; clbs at admws.idaho.gov; clbs-bounces at admws.idaho.gov
Subject: Re: [CLBS] acreage

I believe that long ago Judge Hagan issued a decision that allowed a homestead exemption to cover even contiguous but legally separate parcels of real property.  If you have one parcel, then the debtor gets the benefit of the homestead exemption up to the full amount.  The homestead exemption is for $100,000 of value not whatever equity is in smallest indivisible parcel if that makes for a homestead of less than $100,000.  

I suppose that if the property were divided and the result was that each piece had a value of more than $100,000, then there could be an issue.  



-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Catherine Dullea
Sent: Monday, February 24, 2014 1:22 PM
To: clbs at admws.idaho.gov
Subject: [CLBS] acreage



I have a potential chapter 7 client who owns 40 acres, one parcel, worth well less than $100,000 due to its remoteness, lack of significant improvements and access.  She is worried that the trustee could force her to sell off 20 acres.  I'd think the homestead exemption would protect it, but told her I'd put it out over the list serve.  Anyone have any pearls of wisdom to impart?

 

  

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