[CLBS] Idaho Homestead extraterritoriality

[Alexandra Caval]

I doubt that removing the language in I.C. 55-1003 that tied the exemption
to the equity is going to be sufficient to reverse Capps because it doesn't
alter the definition of a homestead in I.C. 55-1001. Unless the Idaho
Supreme Court has ruled that the statute applies extraterritorially in the
last 10 years then I think Capps is still good law. That's my 2 cents. ~
Alex

On Tue, Apr 7, 2020 at 12:07 PM Aaron Tolson <ajt at aaronjtolsonlaw.com>
wrote:

> I lost the Capps case on this badly for debtors 10 years ago  (10.4
> I.B.C.R. 99).  Just wondering if the new homestead law is worth a renewed
> argument on this.
>
> --
> Aaron J. Tolson
> 2677 E. 17th St. #300
> Ammon, ID. 83406
> 208-228-5221
>
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-- 

Alexandra O. Caval

Caval Law Office, P.C.

P.O. Box 1716

Twin Falls, ID 83303-01716

T: 208.733.2035

F: 208.733.3919

alex at cavallawoffice.com




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